Current through Register Vol. 48, No. 38, September 20, 2024
a) Motions will be
made in writing, unless otherwise allowed by the Administrative Law Judge prior
to or during the course of a hearing. Written motions are limited to the
following:
1) To request dismissal of a
Complaint for failure to state facts that, if true, would form a sufficient
basis for discipline.
2) To request
sanctions in accordance with Section
1110.90(Representation).
3) To request sanctions in accordance with
Section 1110.130 (Discovery).
4) To
request dismissal of a Petition for Hearing, for failure to comply with Section
1110.30
(Institution of a Contested Case by a Petitioner).
5) To request dismissal of a Complaint,
Notice of Intent to Deny, or Notice of Intent to Refuse to Renew when the
Division's case has been concluded without sufficient evidence having been
presented to form a basis for discipline.
6) To request a continuance or extension of
time to comply with any provision of this Part consistent with the expedited
nature of administrative hearings.
7) To request that a member of the Board be
excluded from the hearing or deliberations, for prejudice.
8) To request that an Order entered by the
ALJ be vacated or modified.
9) To
request a prehearing.
10) To
request separation of cases joined by the Division.
11) To request disqualification of an ALJ in
accordance with Section
1110.175.
12) To request a protective order to prevent
exposure in the public domain of records or other information that is of a
sensitive or confidential nature.
13) To request that a Notice to Plead or Be
Held in Default be issued upon failure to file an Answer or other responsive
pleading in accordance with Section
1110.120(c).
14) To compel discovery.
b) When any motion is filed, the ALJ may
allow oral argument if this is deemed necessary for a fuller understanding of
the issues presented. When facts that are not part of the record in the case
are alleged as a basis for the request, an affidavit will be attached to the
motion setting forth those facts. Facts outside of the Complaint cannot be used
to support a motion to dismiss for failure to state facts that, if true, would
form a sufficient basis for discipline.
c) Motions and any responses or replies shall
be filed in accordance with Section
1110.50
with copies to the ALJ and other parties or their counsel. Unless otherwise
directed by an ALJ, a party shall have 20 days from the date of service to
respond to a motion and 10 days from date of service to reply to a
response.
