§ 802.219. Motions to the Board; orders.
461 words·~2 min read·
/us/cfr/t20/s§ 802.219·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An application to the Board for an order shall be by motion in writing. A motion shall state with particularity the grounds therefor and shall set forth the relief or order sought.
(b)A motion shall be a separate document and shall not be incorporated in the text of any other paper filed with the Board, except for a statement in support of the motion. If this paragraph is not complied with, the Board will not consider and dispose of the motion.
(c)If there is no objection to a motion in whole or in part by another party to the case, the absence of an objection shall be stated on the motion.
(d)The rules governing the filing and service of documents in §§ 802.222 and 802.223 apply to all motions.
(e)Within 10 days of the receipt of a copy of a motion, a party may file a written response with the Board.
(f)As expeditiously as possible following receipt of a response to a motion or expiration of the response time provided in paragraph
(e)of this section, the Board shall issue a dispositive order.
(g)Orders granted by Clerk. The Clerk of the Board may enter orders on behalf of the Board in procedural matters, including but not limited to:
(1)First motions for extensions of time for filing briefs and any papers other than notices of appeal or cross-appeal;
(2)Motions for voluntary dismissals of appeals;
(3)Orders to show cause why appeals should not be dismissed for failure to timely file a petition for review and brief (see § 802.218(b)); and
(4)Unopposed motions which are ordinarily granted as of course, except that the Clerk may, in his or her discretion, refer such motions for disposition to a motions panel as provided by paragraph
(h)of this section.
(h)All other motions. All other motions will be referred for disposition to a panel of three members constituted pursuant to § 801.301. Any member may request that any motion be considered by the entire permanent Board en banc except as provided in § 801.301(d).
(i)Reconsideration of orders. Any party adversely effected by any interlocutory order issued under paragraph
(g)or
(h)may file a motion to reconsider, vacate or modify the order within 10 days from its filing, stating the grounds for such request. Any motion for reconsideration, vacation or modification of an interlocutory order shall be referred to a three-member panel that may include any member who previously acted on the matter. Suggestions for en banc reconsideration of interlocutory orders shall not be accepted. Reconsideration of all other orders will be treated under § 802.407 of this part. [52 FR 27292, July 20, 1987, as amended at 89 FR 8536, Feb. 8, 2024]