(a) In writing.
(1) Except as otherwise provided in this
section, an application or request for an order or ruling must be
made by written motion.
(2) All written motions must state with particularity the relief
sought and must be accompanied by a proposed order.
(3) No oral argument may be held on written
motions except as otherwise directed by the ALJ. Written memoranda,
briefs, affidavits, or other relevant material or documents may be
filed in support of or in opposition to a motion.
8-066.1
(b) Oral motions. A motion may be
made orally on the record unless the ALJ directs that such motion
be reduced to writing.
(c) Filing of motions. Motions must be filed with the ALJ, except
that following the filing of the recommended decision, motions must
be filed with the Board.
8-066.2
(d) Responses.
(1) Except as otherwise provided in this
section, within ten days after service of any written motion, or within
such other period of time as may be established by the ALJ or the
Board, any party may file a written response to a motion. The ALJ
will not rule on any oral or written motion before each party has
had an opportunity to file a response.
(2) The failure of a party to oppose a
written motion or an oral motion made on the record is deemed a consent
by that party to the entry of an order substantially in the form of
the order accompanying the motion.
8-066.3
(e) Dilatory motions. Frivolous, dilatory or
repetitive motions are prohibited. The filing of such motions may
form the basis for sanctions.
(f) Dispositive motions. Dispositive motions
are governed by sections 263.29 and 263.30.
