a) Motions shall be made in writing, unless otherwise allowed by the Hearing Officer during the course of a hearing. Written motions shall be limited to the following:
- 1) To request a Hearing Officer's recommendation for dismissal of a Notice of Hearing for failure to state facts which, if true, would form a sufficient basis for the issuance of an Order or other sanctions;
- 2) To request sanctions in accordance with Section 130.1130 of this Part;
- 3) To request dismissal of a Notice of Hearing where the Securities Department's case has been concluded without sufficient evidence having been presented to form a basis for the issuance of an Order or other sanction;
- 4) To request a continuance, or extension of time, upon good cause shown in accordance with Section 130.1111(a) of this Part;
- 5) To request that a Hearing Officer be disqualified from the hearing, for prejudice;
- 6) To request that an Order of the Hearing Officer entered prior to the conclusion of a hearing be vacated or modified;
- 7) To request separation of cases joined by the Securities Department;
- 8) To request consolidation of cases or parties;
- 9) To request an Order limiting a request for discovery;
- 10) To request that a Hearing Officer be disqualified from conducting, or continuing to conduct, an assigned hearing pursuant to Section 130.1132 of this Part.
- b) When any motion is filed, the Hearing Officer may allow oral or written argument or both if this is deemed necessary to a fuller understanding of the issues presented. Where facts are alleged as a basis for the request which are not a part of the record in the case, an affidavit shall be attached to the motion setting forth such facts.
(Source: Amended at 22 Ill. Reg. 1933, effective January 1, 1998)