Reply procedures

The applicant may file a reply in the proceeding. This is stated directly in 2204.403, which permits the applicant to file a reply within the time allowed after service of an answer.

An applicant has 15 days to file a reply after service of an answer. The rule is explicit that the reply must be filed "within 15 days after service of an answer" as provided in 2204.403.

If the reply relies on facts that are not already in the record, the applicant must include either supporting affidavits or a request for further proceedings under 2204.405. 2204.403 requires one of these two steps when new facts are asserted.

No — an applicant may not present new factual allegations in a reply without either supporting affidavits or a request for further proceedings under 2204.405. 2204.403 requires one of those two items when the reply is based on alleged facts not already in the record.

The applicant should include a request for further proceedings under 2204.405 with the reply. 2204.403 allows a request for further proceedings as an alternative to submitting supporting affidavits when new facts are presented.

No — the section specifically refers to the applicant as the party who may file a reply. 2204.403 states, "the applicant may file a reply," so the provision is written for the applicant's use.

No — the time for filing a reply runs from service of an answer, so filing before service would be premature under 2204.403. The rule allows a reply only "within 15 days after service of an answer."

No — 2204.403 requires supporting affidavits when new facts are alleged, but it does not prescribe affidavit format or content. For procedural details about further proceedings you should consult 2204.405 and any local rules or Commission guidance.

Section 2204.403 is a procedural rule within Part 2204 that governs the applicant's opportunity to respond after an answer is served. Part 2204 implements the Equal Access to Justice Act in Review Commission proceedings, and 2204.403 specifically addresses the timing and content of an applicant's reply within that broader framework; see 2204 for the part-wide context.

No — if the applicant includes proper supporting affidavits for new facts, a separate request for further proceedings is not required by 2204.403. The section requires either supporting affidavits or a request for further proceedings under 2204.405, so one of the two options suffices.

Yes — 2204.403 includes historical citation dates showing its promulgation and later amendments (46 FR 48080, Sept. 30, 1981; 52 FR 5456, Feb. 23, 1987; 86 FR 26660, May 17, 2021). These references indicate the rule's revision history and may be helpful when reviewing procedural changes.