Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 2605 - ADMINISTRATIVE HEARING RULES
Section 2605.260 - Motions
Current through Register Vol. 48, No. 12, March 22, 2024
a) Motions, unless made during a Hearing, shall be in writing, shall specify the relief and/or order sought, and shall be served on all parties and filed with the Department. Motions are limited to the following:
b) When any motion is filed, the opposing party has 28 days, or such other period as the Hearing Officer may prescribe, to file a written response setting forth the arguments, authorities relied upon, and affidavits or other supporting evidence. The moving party shall have 14 days, or such other period as the Hearing Officer may prescribe, to file a written reply. When any oral motion is presented during a Hearing, the opposing party may respond at that Hearing or request leave to file a written response within the same time periods as set forth in this Section. If no response is filed or orally presented, the opposing party's right to object will be deemed waived. Any dispositive motion that disposes of all claims or all parties in the action that is granted shall be part of the Administrative Record and shall be treated as a Final Decision pursuant to Section 2605.410 for purposes of appeal.
c) The Hearing Officer may allow oral argument, if it is deemed necessary for a fuller understanding of the issues presented, and is authorized to question either party. When facts are alleged in support of a motion that are not a part of the record in the case, an affidavit shall be attached to the motion setting forth those facts. A written motion shall be disposed of by written order and notice to all parties.
d) The Hearing Officer shall rule upon all motions properly presented within a reasonable time. All motions and corresponding orders shall be part of the Administrative Record.
e) Unless otherwise ordered, the filing of a motion or response shall not stay the proceeding or extend the time for the performance of any act.
f) Before granting any dispositive motion, the Hearing Officer may first afford the party an opportunity to cure defects in pleading or proof, and the ruling shall be made part of the Administrative Record in accordance with Section 10-35 of the IAPA.