Time, Extensions
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* PART 4— m is c e l l a n e o u s r u l e s Time, Extensions AGENCY: Federal Trade Commission. ACTION: Final rule.
SUMMARY: This rule amendment deals with the situation where a motion to ex tend a time limit for filing of a document is itself filed out of time. In such a situa tion the movant will have to show that there was excusable neglect for the late filing.
EFFECTIVE DATE: June 13, 1977. FOR FURTHER INFORMATION CON TACT:
Oliver J. Trytell, Office of General Counsel, Federal Trade Commission, Washington, D.C. 20508, 202-523—3796. SUPPLEMENTARY INFORM ATION:
This amendment to § 4.3(b) tracks the Federal Rules of Civil Procedure, Rule 6 (b ), in enunciating the standard of ex cusable neglect where motions to extend are filed out of time. In such cases, the movant will have to meet the threshold test of excusable neglect before either the Administrative Law Judge or the Commission will undertake to determine whether there is good cause to extend a time limit.
Accordingly, 16 CFR 4.3(b) is amended to read as follows:
FEDERAL REGISTER, VOL. 4 2 , NO. 113— MONDAY, JUNE § 4.3 Time.
* » * * « (b) Extensions— For good cause shown, the Administrative Law Judge may, in any proceeding before him, ex tend any time limit prescribed or al lowed by the rules in this chapter or by order of the Commission or the Admin istrative Law Judge, except those gov erning the filing of interlocutory appeals and initial decisions and those expressly requiring Commission action. Except as otherwise provided by law, the Commis sion for good cause shown, may extend any time limit prescribed by the rules in this chaptèr or by order of the Com mission or an Administrative Law Judge. Provided, however, That in a pro ceeding pending before an Administra tive Law Judge, any motion on which he may properly rule shall be made to him. Notwithstanding the above, where a mo tion to extend is made after the expira tion of the specified period, the Admin istrative Law Judge or the Commission may consider the motion where the un timely filing was the result of excusable neglect.
( 15 U.S.C. 4 6 (g)) By direction of the Commission. J am es A. T o b in , Acting Secretary.
[FR Doc.77-16692 Filed 6-10-77:8:45 am]