Section 18-1017. MOTIONS

 

1017.1An application to the Director for an order or ruling not otherwise specifically provided for in this chapter shall be by motion.

 

1017.2All motions shall be made at an appropriate time, depending upon the nature of the motion and the relief requested.

 

1017.3Unless made during a hearing, motions shall be made in writing in conformity with § 1016, shall state with particularity the grounds for the motion and the relief or order sought, and shall be accompanied by any affidavits or other evidence desired to be relied upon.

 

1017.4Motions made during hearings, answers thereto, and rulings thereon, may be made orally on the record unless the examiner directs otherwise.

 

1017.5Written motions shall be filed as separate documents, and shall not be incorporated in any other documents, except as follows:

 

(a)When incorporation of a motion in another document is specifically authorized by a rule of the Department; or

 

(b)When a document is filed which requests alternative forms of relief and one of these alternative requests is properly to be made by motion.

 

1017.6In the instances described in § 1017.5, the document filed shall be appropriately entitled and identified to indicate that it incorporates a motion. Otherwise the motion will be disregarded.

 

1017.7Within seven (7) days after a motion is served, or such other period as the examiner may fix, any party to the proceeding may file an answer in support of or in opposition to the motion, accompanied by such affidavits or other evidence as it desires to rely upon.

 

1017.8No oral argument shall be heard on motions unless directed by the examiner.

 

1017.9Written memoranda or briefs may be filed with motions or answers to motions, stating the points and authorities relied upon in support of the position taken.

 

1017.10All motions shall be disposed of promptly by the examiner to whom the proceeding has been assigned unless otherwise directed by the Chief Hearing Examiner.

 

1017.11The filing or pendency of a motion shall not automatically alter or extend the time fixed by this chapter or any extension granted thereunder to take action.

 

1017.12Except as otherwise specified in this chapter, any motion allowed under the rules of practice of the courts of the District of Columbia shall be entertained whenever applicable.

 

1017.13All written motions shall be filed not later than ten (10) days prior to the date set for review or hearing unless the examiner shall find that subsequent circumstances have arisen which justify granting of leave to file the motions.

 

1017.14All motions pending at the time of review or hearing shall be disposed of at that time.