Section 1790.310  Motions

a)         All motions made before or during a hearing shall be made to the ALJ and, unless made orally on the record during a hearing or unless the ALJ directs otherwise, a motion shall be in writing and shall be accompanied by any affidavits or other evidence relied upon and, when appropriate, by a proposed order. 

b)         Within 14 days after service of a written motion or other document, or other period as the ALJ may allow, a party may electronically file a response in support of or in opposition to the motion and, if necessary, accompanied by affidavits or other evidence.  A party filing a motion has the right to request from the ALJ leave to file a reply to a response.

c)         A written brief may be electronically filed with a motion or an answer to a motion stating the arguments and authorities relied upon.  The brief may not be longer than 15 pages in length unless, prior to the filing date, leave is granted to file a brief greater than 15 pages.

d)         A written motion filed prior to a hearing shall be disposed of by written order and on notice of all parties, except for motions made at or after the opening of a hearing, in which case the ALJ shall announce his or her ruling orally on the record at the hearing.  All motions, rulings and orders shall become a part of the record, except that ruling on motions to quash subpoenas shall become a part of the record only upon the request of the party aggrieved.  Rulings by the ALJ on motions or objections, and orders in connection with those motions or objections, shall not be appealed directly to the Panel but shall be considered by the Panel in reviewing the record if exception to the ruling or order is included in a statement of objection filed with the Panel no later than 15 days after the date of the ALJ decision.

e)         The ALJ shall rule upon all motions, except that the ALJ shall have no authority to dismiss or decide a hearing on the merits without granting all parties to the proceeding a right to be heard in accordance with the procedures for motions in this Section, which shall constitute the record.

f)         Unless otherwise ordered, the filing of an answer or motion shall not stay the proceeding or extend the time for the performance of any act.

g)         A party has a right to file an emergency motion setting forth why an emergency exists and the ALJ can deny the emergency motion solely on the basis that the motion did not demonstrate that an emergency exists.