The Commission shall determine whether to accept a motion for temporary relief at the same time it determines whether to institute an investigation on the basis of the complaint. That determination shall be made within 35 days after the complaint and motion for temporary relief are filed, unless the 35-day period is restarted pursuant to §210.53(a), §210.54, §210.55, or §210.57, or exceptional circumstances exist which preclude adherence to the prescribed deadline. (See §210.10(a)(1).) Before the Commission determines whether to provisionally accept a motion for temporary relief, the motion will be examined for sufficiency and compliance with §§210.52, 210.53(a) (if applicable), 210.54 through 210.56, as well as §§210.4 and 210.5. The motion will be subject to the same type of preliminary investigatory activity as the complaint. (See §210.9(b).) Acceptance of a motion pursuant to this paragraph constitutes provisional acceptance for referral of the motion to the chief administrative law judge, who will assign the motion to a presiding administrative law judge for issuance of an initial determination under §210.66(a). Commission rejection of an insufficient or improperly filed complaint will preclude acceptance of a motion for temporary relief. Commission rejection of a motion for temporary relief will not preclude institution of an investigation of the complaint.

[59 FR 39039, Aug. 1, 1994, as amended at 78 FR 23846, Apr. 19, 2013]