Section 38.151. Form: time for filing.

(1) An application to  the  administrative  law   judge  or  the commission for an order in a pending action shall be by motion, in writing, unless made during a hearing. The applicant shall state, with particularity, the grounds and authority on which the application is based, state the relief or order sought, and be signed by the party or the party's attorney.

(2)  A copy of the written motion, brief, request for hearing date, and notice to the opposing party that the rules of the commission require a response to the motion within 10 days after service of the motion shall be served upon the opposing party at the time an application is filed  with   the administrative law judge or the commission.   If a motion or response is supported by affidavit, then the affidavit shall be filed and served with the motion or response.

(3)    Motions and responses to motions shall be accompanied by a brief.The brief shall contain a concise statement of supporting or opposing reasons and a citation of authorities upon which the parties rely.

(4)    A respondent opposing a motion shall file a response, including a brief and supporting affidavits, if any, within 10 days after service of the motion unless otherwise ordered by the administrative law judge or the commission.

(5)   The movant and respondent shall serve copies of their respective papers upon opposing parties before or concurrently with the filing with the administrative law judge or the commission and shall include proof of service.

(6)   The administrative law judge or the commission may limit or dispense with oral arguments on motions.

(7)     If an affidavit is filed in support of, or in opposition to, a motion, it shall be in compliance with all of the following provisions:

(a)  Be made on personal knowledge.

(b)   State, with particularity, facts admissible as evidence establishing or denying the grounds stated in the motion.

(c)  Show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated in the affidavit.

(8)   The time for a hearing on a motion shall be set by the administrative law judge. However, thehearing on a motion shall not cause a delay in the statutorily mandated date for the conclusion of the hearing, nor shall a motion cause a delay in the due dates of exceptions or cross-exceptions.

(9)   If a motion is based on facts not appearing   on  the  record,  the administrative law judge may hear the motion on affidavits presented by the parties or may direct that the motion be heard  wholly or  partly on  oral testimony or deposition.

(10)   The administrative law judge may direct that a hearing on a motion be held at the commission offices in Lansing.

History: 1998-2000 AACS.