Section 792.10115. Motion practice.

(1) All requests for action addressed to the administrative law judge, other than during a hearing, shall be made in writing. Written requests for action shall state specific grounds and describe the action or order sought. A copy of all written motions or requests for action shall be served pursuant to these rules.

(2)   All motions shall be filed at least 14 days prior to the date set for hearing unless other scheduling provisions prevent compliance with this timeline or the need for the motion could not reasonably have been foreseen 14 days prior to hearing.

(3)      A response to a motion may be filed within 7 days after service of the written motion unless otherwise ordered by the administrative law judge or unless other scheduling provisions prevent compliance with this timeline. Either party may request an expedited ruling.

(4)   All motions and responses shall include citations of supporting authority and, if germane, supporting affidavits or citations to evidentiary materials of record.

(5)    The administrative law judge has discretion to require oral argument on a motion or allow or deny oral argument based on a request from a party.

(6)   A request for oral argument on a motion shall be made in writing.

(7)   Notice of oral argument on a motion shall be given prior to the date set for hearing. At the discretion of the administrative law judge, a hearing on a motion may be conducted in whole or in part by telephone. The administrative law judge shall rule upon motions within a reasonable time.

(8)   Multiple motions may be consolidated for oral argument.

(9)   A party may withdraw a motion for oral argument at any time.

(10)   Any relief granted by the administrative law judge in response to a motion should be incorporated in a written order, the proposal for decision, or the final order.

History: 2015 AACS.