Section 1620.510  Motions

a)         Unless made orally on the record during a hearing, all motions shall be in writing and shall briefly state the order or relief requested and the specific grounds upon which relief is sought.  Motions based on facts that are not in the record shall be supported by affidavit.

b)         The motion shall point out specifically the defect complained of or other grounds for relief and shall specify the requested relief.  The moving party shall file a proposed order with each motion.

c)         The Chair or, if an administrative law judge has been appointed, the administrative law judge may determine all motions except motions that are potentially dispositive of the case.  Motions that are potentially dispositive of the case must be determined by the Commission.

d)         All written motions that are potentially dispositive of the case shall be filed with the Commission and served on the other party prior to the scheduled hearing.  Potentially dispositive motions filed less than one week prior to a scheduled hearing may, in the Commission's discretion, be considered after the scheduled hearing.  The scheduled hearing may be continued while the Commission considers the potentially dispositive motion if, in the opinion of the Chair or the administrative law judge, continuing the scheduled hearing is in the best interests of judicial economy.

e)         The Commission may consider potentially dispositive motions with or without oral argument by the parties and may direct the Chair or administrative law judge to conduct a hearing on the motion and present proposed findings of fact and conclusions of law to the Commission.

f)         Dispositive motions may not exceed 15 pages in length and non-dispositive motions may not exceed 5 pages in length without first obtaining leave of the Commission.

g)         Responses to any motion shall be filed within 15 days after the motion is filed, unless otherwise directed by the Commission, the Chair, or, if an administrative law judge has been appointed, the administrative law judge.  Reply briefs and sur-replies shall be permitted solely at the discretion of the Commission, the Chair, or, if an administrative law judge has been appointed, the administrative law judge, who may also determine the deadline and format for the reply or sur-reply.

(Source:  Amended at 42 Ill. Reg. 13550, effective June 26, 2018)