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8. Motions Generally

  1. Writing requirement. 
    Except for motions made during a prehearing conference or at a hearing, all motions must be in writing and signed by a party or party representative.  The ALJ may require that oral motions be reduced to writing.
  2. Opportunity to respond. 
    A party may file a response to the opposing party’s motion, either at the time fixed by regulation or by the ALJ.  Unless otherwise ordered by the ALJ, the time within which a party may file such a response is governed by pertinent regulations (e.g., 42 C.F.R. § 498.17 or 42 C.F.R. § 1005.13(c)).
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014