Ariz. Admin. Code § R2-17-111 - Motions

A. To obtain an order or other relief from the Board other than for rehearing or review as provided in R2-17-125, a party shall make a motion at least 15 days before the Board hearing. Unless the motion is made during a hearing, the party shall make the motion in writing. For all motions, the party shall state the grounds on which the motion is based and the relief or order sought. The Board shall decide prehearing motions based on the written materials submitted by the parties.

B. Any party may file a response to a prehearing motion within five days after service of the motion and serve the response on all parties. The moving party has two days after service of a response to file a reply.

C. For a written motion, a party shall state the grounds on which the motion is based and the relief or order sought in a supporting memorandum. A party's supporting memorandum shall not exceed 15 pages, exclusive of pages containing the table of contents, the table of cases, statutes or other authorities, and the appendix, if any. A reply memorandum shall not exceed five pages.

D. A party shall support motion documents by affidavit or other satisfactory evidence if they contain facts not apparent in the record or facts that are not cognizable through judicial notice.

E. When the Board directly conducts an administrative hearing, the Board shall rule on all motions. When the Board uses the services of the Office of Administrative Hearings, the administrative law judge shall rule on all motions.

Notes

Ariz. Admin. Code § R2-17-111

Adopted effective January 8, 1998 (Supp. 98-1). Amended and renumbered from R2-17-112 by final expedited rulemaking at 27 A.A.R. 815, effective 5/5/2021.