40 CFR § 179.89 - Motions.

---
identifier: "/us/cfr/t40/s179.89"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 179.89 - Motions."
title_number: 40
title_name: "Protection of Environment"
section_number: "179.89"
section_name: "Motions."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "179"
part_name: "FORMAL EVIDENTIARY PUBLIC HEARING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970."
regulatory_source: "55 FR 50293, Dec. 5, 1990, unless otherwise noted."
cfr_part: "179"
---


# 179.89 Motions.

A motion, unless made in the course of a preliminary conference or a transcribed oral hearing before the presiding officer, must be filed in the manner prescribed by § 179.80 and include a draft order. A response may be filed within 10 days of service of a motion. The moving party has no right to reply, except as permitted by the presiding officer. The presiding officer shall rule upon the motion.