General. (1) A motion shall state briefly the order or relief sought and the grounds for the motion: Provided, however, That a motion to intervene will not be entertained by the Hearing Officer. Intervention will be permitted only to those who have met the requirements of § 1422.5.
A motion prior to, and after a hearing and any response thereto, shall be made in writing. A response shall be filed within five (5) days after service of the motion. An original and two (2) copies of such motion and any response thereto shall be filed and copies shall be served on the parties and the Regional Director. A statement of such service shall be filed with the original.
During a hearing a motion may be made and responded to orally on the record.
The right to make motions, or to make objections to rulings on motions, shall not be deemed waived by participation in the proceeding.
All motions, rulings, and orders shall become part of the record.
Filing of motions. (1) Motions and responses thereto prior to a hearing shall be filed with the Regional Director. During the hearing motions shall be made to the Hearing Officer.
After the transfer of the case to the Board, except as otherwise provided, motions and responses thereto shall be filed with the Board: Provided, That following the close of a hearing, motions to correct the transcript should be filed with the Hearing Officer within ten (10) days after the transcript is received in the regional office.
Rulings on motions. (1) Regional Directors may rule on all motions filed with them, or they may refer them to the Hearing Officer. A ruling by a Regional Director granting a motion to dismiss a petition may be reviewed by the Board upon the filing by the petitioner of a request for review pursuant to § 1422.6(d).
Hearing Officers shall rule, either orally on the record or in writing, on all motions made at the hearing or referred to them, except that a motion to dismiss a petition shall be referred for appropriate action at such time as the record is considered by the Regional Director or the Board. Rulings by a Hearing Officer reduced to writing shall be served on the parties.
The Board shall consider the rulings by the Regional Director and the Hearing Officer when the case is transferred to it for decision.
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