- (1) Except in temporary relief proceedings or expedited review proceedings and after a commencement of a proceeding any party may move to advance the scheduling of a proceeding. The motion shall be in writing and describe the exigent circumstances justifying an advancement and the irreparable harm that would result if the motion were not granted.
- (2) The other parties shall have seven (7) days to respond to the motion unless otherwise directed by the hearing officer.
- (3) Following timely receipt of statements in response to the motion, the hearing officer may schedule a hearing on the motion. If the motion is granted, the hearing officer may advance pleading schedules, prehearing conferences and the hearing at his discretion.
- (4) The hearing officer may make the advancement as he deems appropriate but shall in no case have a hearing on the merits with less than five (5) days’ notice to the parties.
- (5) If the motion is granted, where appropriate, the DHA may advance the appeal on its calendar and order such other advancement as may be appropriate.
Statutory Authority: Code of Ala. 1975, §§9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.