Form. No technical form for motions is required. Prehearing
motions must be in writing, state the grounds for relief, and state the relief
response. Any party may file a written response to a motion within ten
days afterthe motion is served, unless the time period is extended or shortened
by rules of the board or the presiding officer. The presiding officer may
consider a failure to respond within the required time period in ruling on a
argument. The presiding officer may schedule oral argument on any
filing. Motions pertaining to the hearing shall be filed and served at
least ten days prior to the date of hearing unless there is good cause for
permitting later action or the time for such action is lengthened or shortened
by rule of the board or an order of the presiding officer.
Dispositive motions, such as motions for summary judgment or motions to
dismiss, must be filed with the board and served on all parties to the
contested case proceeding at least 30 days prior to the scheduled hearing date,
unless otherwise ordered or permitted by the presiding officer. Any party may
file a written response to a dispositive motion within 10 days after the motion
is served, unless the time for response is otherwise lengthened or shortened by
the presiding officer.
Admin. Code r.
September 27, 2017/Volume XL, Number 7, effective