(a) A party may file a motion with the CHO before the decision. The following limitation applies to a case under this article:
- (1) Motions to dismiss shall not be addressed until after the case is submitted for decision.
- (b) Unless made during a prehearing conference or on the record at the hearing, all motions shall be in writing.
- (c) Without prior permission from the presiding officer, no motion or brief shall exceed 20 double-spaced typed pages in length, excluding exhibits. The font size shall be a minimum of 12-point, with no less than one-inch margins. The first page of every motion shall contain: the case name, the file number, and the name of the presiding officer, if known. Every motion shall state the legal and factual reasons for the motion and what the party wants the presiding officer to do.
- (d) When a motion is based on information not in the record, a party may support or oppose the motion with affidavits, declarations, or other documents.
- (e) Except as otherwise ordered by the presiding officer, a separate memorandum of points and authorities need not be filed with a motion.
(f) Before filing any motion, a party shall make a good-faith effort to ask all other parties if they agree to the motion. The motion shall describe that effort and say whether other parties agree with or oppose the motion.
(1) For the purposes of this section, a “good-faith effort” means a reasonable attempt, considering all the circumstances, to contact a party or representative in person, by telephone, by email, or by other means.
- (A) Contact by mail is a good-faith effort only if both the party's telephone number and email address are not reasonably available.
- (B) By itself, serving a party with the motion is not a good-faith effort.
- (g) Unless otherwise provided by the CalRecycle Informal Hearing Rules or ordered by the presiding officer, all parties opposing a motion shall have 10 days from the service of the motion to file and serve a response. No further filings related to the motion are permitted unless ordered by the hearing officer.
Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Section 11400.20, Government Code.
History
1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).