Section 10-B2027. MOTIONS

 

2027.1Any party may apply to the Board for a ruling by motion.

 

2027.2All motions shall be made at an appropriate time depending on the nature of the motion and the action requested in the motion.

 

2027.3Unless made during a disposition hearing, motions shall be in writing.

 

2027.4Motions shall state with particularity the grounds for the relief sought, the nature of the relief sought, and shall be accompanied by any affidavits or other evidence desired to be relied upon.

 

2027.5Motions made during hearings, answers to those motions, and rulings on those motions may be made orally on the record unless the presiding officer directs otherwise.

 

2027.6Within three (3) days after a motion is served, or any other period that the Board may fix, any party to the proceeding may file an answer in support or in opposition to the motion, accompanied by any affidavits or other evidence as it desires to rely upon.

 

2027.7No oral argument shall be heard on motions unless the Board otherwise directs.

 

2027.8Written memoranda or briefs may be filed with motions or answers to motions, stating the points and authorities relied upon.

 

2027.9The filing or pendency of a motion shall not automatically alter or extend the time limitations of any land disposition proceeding.

 

2027.10All written motions shall be filed not later than five (5) days prior to the date established for the disposition hearing unless the Board finds that circumstances justify granting of leave to file motions at other times.

 

2027.11All motions pending at the time of the disposition hearing shall be disposed of at that time.

 

source

Final Rulemaking published at 19 DCR 539, 567 (February 8, 1973).