§  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 to the parties. The presiding
   officer may, in his or her discretion, state reasons therefor on the
   record if the ruling is being transcribed, or may promptly issue a
   written statement of the reasons for the ruling, either separately or
   as part of 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]

   

Appeal and Reconsideration of Presiding Officer's Ruling