Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS
Rule 590-4-6-.14 - Motions

(1) An application to the Hearing Officer for an order requiring any party to take any action or for the entry of any interlocutory ruling shall be made by motion. Unless made during the hearing, motions shall be in writing, shall state specifically the grounds therefore and shall describe the action or order sought. A copy of any written motion shall be served upon all parties.

(2) Within ten (10) days after service of any written motion, any party to the proceedings may file a response to the motion. The time for response may be shortened or extended by the Hearing Officer for good cause shown. Any party desiring resolution of a motion prior to the expiration of the ten (10) day response period shall file a written request for expedited consideration with the motion.

(3) Unless otherwise provided by the Hearing Officer, the Act, or the Rules relating to a specific type of motion, all motions shall be filed at least ten (10) days prior to the date set for hearing unless the need or opportunity for the motion could not reasonably have been foreseen ten (10) days prior to said date in which case the motion shall be filed or presented as soon as possible after the need or opportunity for the motion becomes reasonably foreseeable.

(4) All motions and responses shall include, or be accompanied by, citations of supporting authorities, and, when a motion depends upon factual allegations, supporting affidavits or citations to evidentiary materials of record.

(5) The Hearing Officer may, either upon the Hearing Officer's own initiative or at the request of any party, determine whether the nature and complexity of the motion justifies a hearing on the motion and notify the parties accordingly. A request for a hearing on a motion must be made in writing and filed by the date the response to the motion is to be filed. The Hearing Officer shall give notice of a hearing on a motion at least five (5) days prior to the date set for the hearing. At the discretion of the Hearing Officer, such hearings may be conducted, in whole or in part, via telephonic conference. If a hearing on a motion is not requested or deemed justified, the Hearing Officer shall rule upon the motion forthwith.

(6) Multiple motions may be consolidated for hearing or heard at a prehearing conference. The Hearing Officer may request submission of briefs, oral argument, or both, either in support of, or in opposition to, any motion.