---
kind: "section"
citation: "43 C.F.R. § 45.59"
title: "43"
number: "45.59"
heading: "What are the requirements for post-hearing briefs?"
url: "https://uscodex.org/cfr/43/45.59"
---

# §45.59. What are the requirements for post-hearing briefs?

- (a) **General.**
  - (1) Each party may file a post-hearing brief within 15 days after the close of the hearing.
  - (2) A party may file a reply brief only if requested by the ALJ. The deadline for filing a reply brief, if any, will be set by the ALJ.
  - (3) The ALJ may limit the length of the briefs to be filed under this section.
- (b) **Content.**
  - (1) An initial brief must include:
    - (i) A concise statement of the case;
    - (ii) A separate section containing proposed findings regarding the issues of material fact, with supporting citations to the hearing record;
    - (iii) Arguments in support of the party's position; and
    - (iv) **Any other matter required by the ALJ.**
  - (2) A reply brief, if requested by the ALJ, must be limited to any issues identified by the ALJ.
- (c) **Form.**
  - (1) An exhibit admitted in evidence or marked for identification in the record may not be reproduced in the brief.
    - (i) Such an exhibit may be reproduced, within reasonable limits, in an appendix to the brief.
    - (ii) Any pertinent analysis of an exhibit may be included in a brief.
  - (2) If a brief exceeds 20 pages, it must contain:
    - (i) A table of contents and of points made, with page references; and
    - (ii) **An alphabetical list of citations to legal authority, with page references.**

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.