- (a) Unless presented during a hearing, all motions and objections thereto shall be in writing.
(b) All motions shall state clearly and concisely:
- (1) The purpose of the motion;
- (2) The relief sought by the motion;
- (3) The statutes, rules, orders or other authority authorizing relief sought by the motion; and
- (4) The facts claimed to constitute grounds for the relief requested by the motion.
(c) Objections to motions shall state clearly and concisely:
- (1) The defense of the party filing the objection;
- (2) The action which the party filing the objection wishes the department to take on the motion;
- (3) The statutes, rules, orders or other authority relied upon in defense of the objection; and
- (4) Any facts which are additional to or different from the facts stated in the motion.
- (d) An objection to a motion shall specifically admit or deny each fact contained in the motion.
- (e) Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion.
- (f) In the event a party filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.
- (g) Motions shall be decided upon the writings submitted.
- (h) Objections to motions shall be submitted to the hearings officer within 10 days after the receipt of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.
Source. #6299, eff 7-25-96, EXPIRED: 7-25-04 New. #8309-A, eff 3-24-05