Section 125.110  Motions

a)         Unless made orally on the record during a hearing, or unless the Hearing Examiner directs otherwise, motions shall be in writing and accompanied by any affidavits or other matters relied upon.  The original copy of all motions shall be served upon the Hearing Examiner and copies shall be served upon all other parties to the proceeding  and the General Counsel.

b)         A party may file a response in support of or in opposition to a motion within such time as the Hearing Examiner directs.  If no response is filed, the parties shall not be deemed to have waived objections to the motion. Service of a response shall be the same as provided in Section 125.110(a).

c)         No oral argument will be heard on a motion unless the hearing examiner directs otherwise.

d)         The Hearing Examiner shall rule upon all motions, except that he shall have no authority to make a recommendation to the Board to dismiss or decide a hearing on the merits, without granting all parties to the proceeding a right to be heard and to establish a record.

e)         Unless otherwise ordered by the Board, the filing of a motion shall not stay the proceeding or extend the time for the performance of any act.

f)          A party may participate in the proceedings without waiving any jurisdictional objection.