Section 8100.2120  Motions

a)         Motions shall be made in writing, unless otherwise allowed by the hearing officer during the course of a hearing.  Written motions shall be limited to the following:

1)         to request dismissal of a Notice of Hearing for failure to state facts which, if true, would form a sufficient basis for the issuance of an Order or other sanctions;

2)         to request sanctions in accordance with Section 8100.2112 of this Part;

3)         to request sanctions in accordance with Section 8100.2130 of this Part;

4)         to request dismissal of Notice of Hearing where the Department's case has been concluded without sufficient evidence having been presented to form a basis for the issuance of an Order or other sanction;

5)         to request a continuance, or extension of time, upon good cause shown in accordance with Section 8100.2122 of this Part;

6)         to request an Order granting a rehearing, or additional hearings;

7)         to request that a hearing officer deem a failure to file an Answer to be an admission of the truth of the allegations contained in the Notice of Hearing;

8)         to request that a hearing officer be disqualified from the hearing, for prejudice;

9)         to request that an Order be vacated or modified;

10)         to request separation of cases joined by the Department;

11)         to request that any party be held in default;

12)         to request consolidation of cases or parties;

13)         to request an Order limiting a response to a demand for bill of particulars or a request for discovery; and

14)         to request an Order, consistent with the expedited nature of administrative hearings, extending the time to complete discovery where it cannot be completed within the time limit set forth in Section 8100.2130 of this Part.

b)         When any motion is filed, the hearing officer may allow oral argument if this is deemed necessary to a fuller understanding of the issues presented.  Where facts are alleged as a basis for the request, which are not a part of the record in the case, an affidavit shall be attached to the motion setting forth such facts.