9717 MOTIONS

9717.1 Any party to a protest may seek relief from the Board against an opposing party by filing a motion with the Board. Unless otherwise specified, motions shall conform to the following requirements:

(a) Be in writing;

(b) Served upon the other parties to the protest by electronic mail or the first-class U.S. Postal Service; and

(c) Filed with the Board.

9717.2 Any party may file a response in opposition to a motion within seven (7) calendar days after service of the motion. In the case of motions for continuances which have been filed by a party on the sixth (6th) calendar day before a scheduled hearing, responses shall either be made in writing and served by personal delivery on all parties prior to the hearing or shall be made orally on the date of the hearing.

9717.3 A response to a motion shall not include a motion for other affirmative relief against the moving party.

9717.4 If a party filing an opposition submits a motion for other affirmative relief, it shall be done by separate pleading.

9717.5 A reply may be filed within three (3) calendar days after service of a response in opposition to a motion, but the reply shall not re-argue propositions presented in the motion, nor present matters which are not strictly in reply to the opposition.

9717.6 A request for reinstatement of the license application or the protest must be filed with the Board within ten (10) days after receipt of the order after dismissal for failure to appear. In reviewing the request for reinstatement of the license application or the protest, the Board shall consider whether, in the discretion of the Board, the party has shown good cause for their failure to appear in accordance with § 5432.5.

9717.7 No further pleading shall be filed except by leave of the Board.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).