A. Pleadings before
the Presiding Officer for administrative hearings may consist of a notice of
agency action, a request for agency action, responses, protests, answers to
protests, responses to answers, motions together with affidavits, briefs,
memoranda of law and fact in support thereof, requests for reconsideration, and
other pleadings as allowed by Title 63G, Chapter 4.
B. Motions may be submitted for the Presiding
Officer's decision on either written or oral argument, and the filing of
affidavits in support or contravention thereof may be permitted. Any written
motion may be accompanied by a supporting memorandum of fact and law.
C. Amendments to Pleadings.
The Presiding Officer may allow pleadings to be amended or
corrected, and defects which do not affect substantial rights of the parties
may be disregarded; provided, however, that applications and other similar
documents which are governed by specific statutory provisions shall be amended
only as provided by statute.
D.
Service of Pleadings.
Except as otherwise specified in
R655-6-5.B.5.c., all persons
filing pleadings after the request for agency action or the notice of agency
action have been filed shall serve copies of the pleadings by regular mail to
all parties or their attorney of record or authorized representative on the
date of filing the pleadings with the Division. Service upon any attorney or
authorized representative constitutes service on the represented party. Service
shall be deemed complete on the date of mailing.
E. Post-Hearing Pleadings.
Before or after a hearing is concluded, any party may seek
permission from, or may be asked by, the Presiding Officer to file a memorandum
or other information. All other parties shall have 20 days, unless shortened or
lengthened by the Presiding Officer, from the date of service within which to
file responsive pleadings. The filing of any further post-hearing pleadings
shall be by permission of the Presiding Officer.
