Motions shall be in writing and may be filed at any time prior to a scheduled hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support of a motion shall be filed with the motion and the hearing officer. Motions relative to a hearing may include any of the following:

1. (1) Motion to extend time limits. A motion to extend any time limit, including the 60-day time limit for holding a hearing.
2. (2) Motion to dismiss a hearing request for lack of subject matter jurisdiction. A motion to dismiss a hearing request on the grounds that the department does not have subject matter jurisdiction may be filed at any time.
3. (3) Motion to amend a hearing request. A motion to expand or restrict the nature or scope of the hearing.
4. (4) Motion to withdraw a hearing request. An applicant, eligible individual, or their representative may withdraw from the appeal process at any time.
5. (5) Motion for a substitute hearing officer. Either party may file a motion for a substitute hearing officer for reasons of conflict of interest, bias, or qualifications.

History

History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (intro.), (4) Register June 2022 No. 798, eff. 7-1-22.