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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 28 - Judicial Administration |
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Chapter I - Department of Justice |
§ 68.10 - Motion to dismiss for failure to state a claim upon which relief can be granted.
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§ 68.10 Motion to dismiss for failure to state a claim upon which relief can be granted.
(a) The respondent, without waiving the right to offer evidence in the event that the motion is not granted, may move for a dismissal of the complaint on the ground that the complainant has failed to state a claim upon which relief can be granted. The filing of a motion to dismiss does not affect the time period for filing an answer.
(b) The Administrative Law Judge may dismiss the complaint, based on a motion by the respondent or without a motion from the respondent, if the Administrative Law Judge determines that the complainant has failed to state a claim upon which relief can be granted. However, in the prehearing phase of an adjudicatory proceeding brought under this part, the Administrative Law Judge shall not dismiss a complaint in its entirety for failure to state a claim upon which relief may be granted, upon his or her own motion, without affording the complainant an opportunity to show cause why the complaint should not be dismissed.
[Order No. 2203-99, 64 FR 7075, Feb. 12, 1999]