(a) General. Any party may apply for an order or ruling on any matter related to the hearing process by presenting a motion to the ALJ. A motion may be presented any time after DCHD issues the docketing notice.
- (1) A motion made at a hearing may be stated orally on the record, unless the ALJ directs that it be written.
(2) Any other motion must:
- (i) Be in writing;
- (ii) Comply with the requirements of this subpart with respect to form, content, filing, and service; and
- (iii) Not exceed 10 pages, unless the ALJ orders otherwise.
(b) Content.
(1) Each motion must state clearly and concisely:
- (i) Its purpose and the relief sought;
- (ii) The facts constituting the grounds for the relief sought; and
- (iii) Any applicable statutory or regulatory authority.
- (2) A proposed order must accompany the motion.
- (c) Response. Except as otherwise required by this subpart or by order of the ALJ, any other party may file a response to a written motion within 14 days after service of the motion. When a party presents a motion at a hearing, any other party may present a response orally on the record.
- (d) Reply. Unless the ALJ orders otherwise, no reply to a response may be filed.
- (e) Effect of filing. Unless the ALJ orders otherwise, the filing of a motion does not stay the hearing process.
- (f) Ruling. The ALJ will rule on the motion as soon as feasible, either orally on the record or in writing. The ALJ may summarily deny any dilatory, repetitive, or frivolous motion.