---
kind: "section"
citation: "45 C.F.R. § 1149.23"
title: "45"
number: "1149.23"
heading: "May I file a motion to reopen my case?"
url: "https://uscodex.org/cfr/45/1149.23"
---

# §1149.23. May I file a motion to reopen my case?

- (a) You may file a motion with the ALJ asking him/her to reopen the case at any time before an initial decision becomes final. The ALJ may only reopen a case if, in this motion, he/she determines that you set forth extraordinary circumstances that prevented you from filing a timely answer. The initial decision will be stayed until the ALJ makes a decision on your motion to reopen. The reviewing official may respond to the motion.
- (b) If the ALJ determines that you have demonstrated extraordinary circumstances excusing your failure to file a timely answer, the ALJ will withdraw the initial decision and grant you an opportunity to answer the complaint.
- (c) A decision by the ALJ to deny your motion to reopen a case is not subject to review or reconsideration.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.