§4.106. Extension of time.
43 C.F.R. § 4.106
Scope. A party may request an extension of time for filing a document, other than a notice of appeal or a document initiating the proceeding, by filing and serving a written motion.
Timing. A motion for an extension of time must be filed no later than the day before the document is due, absent a showing of compelling circumstances.
Good cause. A motion for an extension of time must demonstrate good cause.
Duty to confer. Prior to filing a motion for an extension of time, the moving party must make a reasonable effort to contact each party to determine whether an agreement can be reached regarding the requested extension. In the motion, the moving party must state:
Whether any other party agrees to all, or part, of the relief requested;
Whether any other party objects to all, or part, of the relief requested; and
Any steps taken to contact a party it was unable to reach.
Inaction. If the ALJ does not act on the motion before the document is due, the document must be filed no later than 7 calendar days after the original due date, unless the ALJ orders otherwise.
Notes, amendments, and revision history
Source
Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
Source
Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.