1. (a) No motions other than those filed pursuant to this chapter shall be accepted.

2. (b) Any party to a matter pending before the labor commissioner, the labor commissioner’s designee, or board as applicable may move to dismiss all or part of a claim due to lack of jurisdiction. The party moving to dismiss a claim on jurisdictional grounds shall:

   1. (1) File the motion in writing with copy to all parties of record at least 15 days prior to a scheduled hearing, unless presented orally to the labor commissioner, the labor commissioner’s designee, or board as applicable at the time of a scheduled hearing;
   2. (2) Clearly state the purpose of the motion;
   3. (3) Clearly state the relief sought by the motion; and
   4. (4) Clearly state the facts claimed and relevant statutes, rules, or other authority supporting the lack of jurisdiction and relief sought.

3. (c) Written replies to a motion filed pursuant to (b), above, shall:

   1. (1) Be made in writing with a copy to all parties of record no more than 7 days from the date of the motion to dismiss, unless presented orally to the commissioner, the commissioner’s designee, or board as applicable at the time of a scheduled hearing;
   2. (2) Clearly state the purpose of the reply;
   3. (3) Clearly state the action which the party filing the reply seeks the labor commissioner, the labor commissioner’s designee, or board as applicable to take on the motion; and
   4. (4) Provide any additional or different facts than those stated in the motion and the relevant statutes, rules, or other authority relied upon in defense of the motion.
4. (d) The labor commissioner, labor commissioner’s designee, or board as applicable shall rule upon a motion to dismiss on jurisdictional grounds after full consideration of the motion, objections, and other relevant factors within 7 days of a response filed or within 7 days after the period for submission of the response has elapsed.

Source. #14534, eff 3-12-26