§ 1.298 - Rulings; time for action.


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  • § 1.298 Rulings; time for action.

    (a) Unless it is found that irreparable injury would thereby be caused one of the parties, or that the public interest requires otherwise, or unless all parties have consented to the contrary, consideration of interlocutory requests will be withheld until the time for filing oppositions (and replies, if replies are allowed) has expired. As a matter of discretion, however, requests for continuances and extensions of time, requests for permission to file pleadings in excess of the length prescribed in this chapter, and requests for temporary relief may be ruled upon ex parte without waiting for the filing of responsive pleadings.

    (b) In the discretion of the presiding officer, rulings on interlocutory matters may be made orally at to the hearingparties. The presiding officer may, in his or her discretion, state his reasons therefor on the record or subsequently if the ruling is being transcribed, or may promptly issue a written statement of the reasons for his the ruling, either separately or as part of the an initial decision.

    [28 FR 12425, Nov. 22, 1963, as amended at 29 FR 6444, May 16, 1964; 41 FR 14874, Apr. 8, 1976; 85 FR 63179, Oct. 6, 2020]