1. (a) All motions shall be in writing unless presented orally at the hearing. Written motions shall be included in the record of the proceeding and filed together with the case file.
2. (b) All written motions submitted on the day of the hearing shall be excluded from consideration by the board.

3. (c) Notwithstanding (b) above, the board shall accept a written motion submitted on the day of the scheduled hearing if the moving party is able to show:

   1. (1) The existence of newly discovered evidence which due diligence would not have discovered prior to the hearing; or
   2. (2) Exigent circumstances existed that prevented the filing of the motion prior to the day of the hearing.

4. (d) For the purposes of (c)(2) above, exigent circumstances shall include:

   1. (1) Serious illness;
   2. (2) Hospitalization;
   3. (3) Incarceration;
   4. (4) Death of a family member; or
   5. (5) Any other unforeseeable circumstance beyond a party’s control that requires the party’s absence from the scheduled hearing.
5. (e) If the board accepts a written motion on the day of the scheduled hearing and the opposing party requests time to respond, a continuance shall be granted. The continuance shall be attributed to the party submitting the motion.
6. (f) Oral motions shall be recorded in full in any transcript of the proceeding.
7. (g) Once all testimony has been heard and closing arguments, if any, have been completed, the hearing shall be closed and no motion(s) in any form shall be allowed.

Source. #6980, eff 4-21-99, EXPIRED: 4-21-07 New. #8978, INTERIM, eff 9-14-07, EXPIRES: 3-12-08; ss by #9043-A, eff 11-29-07