{"data":{"id":"us/28-cfr-68.10","jurisdiction":"us","citation":"28 CFR 68.10","heading":"Motion to dismiss for failure to state a claim upon which relief can be granted.","body":"(a) The respondent, without waiving the right to offer evidence in the event that the motion is not granted, may move for a dismissal of the complaint on the ground that the complainant has failed to state a claim upon which relief can be granted. The filing of a motion to dismiss does not affect the time period for filing an answer.\n(b) The Administrative Law Judge may dismiss the complaint, based on a motion by the respondent or without a motion from the respondent, if the Administrative Law Judge determines that the complainant has failed to state a claim upon which relief can be granted. However, in the prehearing phase of an adjudicatory proceeding brought under this part, the Administrative Law Judge shall not dismiss a complaint in its entirety for failure to state a claim upon which relief may be granted, upon his or her own motion, without affording the complainant an opportunity to show cause why the complaint should not be dismissed.","path":["Title 28—Judicial Administration","CHAPTER I—DEPARTMENT OF JUSTICE","PART 68—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-28.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:14Z","sha256":"c5bb9ebf7cf9b9921b4362a9546d4c2760cc1724fee09ef0e71fcce2a1fb21a5","source_id":"us-cfr","stale":true,"prev":"us/28-cfr-68.9","next":"us/28-cfr-68.11"},"notice":"GroundRules: Original legal text. Not legal advice."}