Current through Register Vol. 48, No. 52, December 27, 2024
a) Motions during
the course of an investigation must be filed with the Executive Director. In
matters set for hearing, all motions must be filed with the assigned
Administrative Law Judge. Once the Administrative Law Judge's recommended
decision and order has issued, all motions must be filed with the General
Counsel. Any briefs related to a motion filed before an Administrative Law
Judge or General Counsel must comport with Section
1200.140.
b) Motions must be made in writing unless
made during the hearing, at which time the motions may be made verbally, on the
record. Motions must briefly state the grounds for the motion and any relief
requested. Written motions must be served in accordance with Section
1200.20.
1) Motions to extend time for the filing of
documents must contain a statement that the moving party discussed the
requested extension with the other parties. If no objections were raised, the
moving party must certify that the other parties were consulted and authorized
the moving party to represent that they have no objections. If objections were
raised, the moving party must describe those objections and its
response.
2) Motions for
continuance of a hearing must contain a statement that the moving party
consulted with the other parties to determine whether they have any objection
to the requested continuance. Where there are no objections, the moving party
must certify that it has consulted with the other parties and that they
authorized the moving party to represent that they have no objections. Where
objections are raised, the moving party must describe those objections and its
response. The motion for continuance must contain a statement that the moving
party contacted the other parties to determine their availability for hearing
on subsequent dates and it must indicate those dates in the motion.
3) At any time prior to the issuance of the
recommended decision and order, a party may move to disqualify the
Administrative Law Judge on the grounds of bias or conflict of interest. The
motion shall be in writing to the General Counsel, with a copy to the
Administrative Law Judge, setting out the specific instances of bias or
conflict of interest. An adverse decision or ruling, in and of itself, is not
grounds for disqualification. The General Counsel may decline to disqualify the
Administrative Law Judge or may appoint another Administrative Law Judge to
hear the case.
4) Motions to defer
an unfair labor practice matter to arbitration may be made in accordance with
Section
1220.65.
c) Responses and any other
answering documents, including memoranda and affidavits, must be filed within 5
days after service of the motion, or as otherwise required by the Executive
Director, Administrative Law Judge or the Board. Responses must be served in
accordance with Section 1200.20.
d)
Rulings on motions shall be made in writing and served on all parties to the
proceeding. The Administrative Law Judge may reserve ruling on any motion until
the issuance of his or her recommended decision and order.
e) Rulings on motions are not appealable to
the Board, unless as otherwise provided by the Board.
