Current through Reg. 49, No. 38; September 20, 2024
(a) Motions for continuance shall:
(1) be in writing, and shall set forth the
specific grounds upon which the party seeks the continuance;
(2) be filed no later than five days before
the date of the hearing; except upon a showing of good cause, the
administrative law judge may consider a motion filed subsequent to that time or
presented orally at the hearing;
(3) indicate that the movant has contacted
the other party(ies) and whether there is opposition to the motion, or describe
in detail the movant's attempts to contact the other party(ies);
(4) if seeking a continuance to a date
certain, include a proposed date or dates (preferably a range of dates) and
must indicate whether the party(ies) contacted agree on the proposed new
date(s); and
(5) be served on the
other party(ies) according to applicable filing and service requirements,
except that a motion for continuance filed five days or fewer before the date
of the hearing shall be served by hand or facsimile on the same date it is
filed with the administrative hearings clerk, or by overnight delivery on the
next day, unless the motion demonstrates such service is
impracticable.
(b)
Responses to written motions for continuance shall be in writing, except
responses to written motions for continuance filed on the date of the hearing
may be presented orally at the hearing. Written responses to motions for
continuance shall be filed on the earlier of:
(1) three days after receipt of the motion;
or
(2) the date and time of the
hearing.
(c) All other
motions shall:
(1) be in writing;
(2) be filed no later than seven days before
the date of the hearing; except, upon a showing of good cause, the
administrative law judge may consider a motion filed subsequent to that time or
presented orally at a hearing;
(3)
state concisely the relief requested and be accompanied by any necessary
supporting documentation; and
(4)
if seeking an extension of an established deadline shall:
(A) include a proposed date; and
(B) indicate that the movant has contacted
the other party(ies) and whether there is opposition to the proposed date, or
describe in detail the movant's attempts to contact the other
party(ies).
(d) Responses to written motions other than
motions for continuance shall be in writing, except responses to written
motions filed on the date of the hearing may be presented orally at the
hearing. Written responses to motions shall be filed on the earlier of:
(1) five days after receipt of the motion;
or
(2) the date and time of the
hearing.
(e) The filing
or pendency of a motion does not alter or extend any time limit or deadline
established by statute, rule or order.
(f) The administrative law judge may modify
the deadlines imposed in this rule as necessary.
