(a) Motions and requests shall be addressed to the Presiding Officer, and, if written, also filed with the Secretary and served on other participants.
(b) Other participants may respond to the motion or request. Responses to written motions or requests shall be filed within 5 days after service unless the Commission or Presiding Officer directs otherwise.
(c) The Presiding Officer may entertain motions for extension of time and changes in schedule in accordance with paragraphs (a) and (b) of this section.
(d) When the Commission does not preside, in response to a motion or request, the Presiding Officer may refer a ruling or certify a question to the Commission for decision and notify the participants.
(e) Unless otherwise ordered by the Commission, a motion or request, or the certification of a question or referral of a ruling, shall not stay or extend any aspect of the hearing.
authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (
42 U.S.C. 2039,
2073,
2092,
2093,
2111,
2132,
2133,
2134,
2135,
2201,
2231,
2232,
2233,
2234,
2236,
2239,
2241,
2282; Energy Reorganization Act of 1974, secs. 201, 206 (
42 U.S.C. 5841,
5846; Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (
42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (
5 U.S.C. 552,
553,
554,
557,
558; National Environmental Policy Act of 1969 (
42 U.S.C. 4332);
44 U.S.C. 3504 note. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (
28 U.S.C. 2461 note)
source: 27 FR 377, Jan. 13, 1962, unless otherwise noted.
cite as: 10 CFR 2.1325