Section 26-A3813. MOTIONS AND OTHER PLEADINGS: COMMUNICATIONS WITH THE COMMISSIONER

 

3813.1Except by leave of the Commissioner or designated hearing officer during a hearing, a party seeking an order or other relief or action regarding a pending matter that is the subject of public hearing, shall file a written motion, which shall become part of the public record.

 

3813.2Responses to written motions shall be filed and served no later than ten (10) calendar days after the motion has been served.

 

3813.3All motions and responses shall be accompanied by a memorandum setting forth:

 

(a)a statement of the facts;

 

(b)legal points and authorities in support thereof; and

 

(c)a proposed order.

 

3813.4No rejoinders or replies to responses will be accepted without leave of the Commissioner or designated hearing officer.

 

3813.5The Commissioner or designated hearing officer may, when deemed necessary, act upon a motion at any time without awaiting responses.

 

3813.6Unless otherwise ordered by the Commissioner or designated hearing officer, no hearing shall be convened on motions.

 

3813.7Any person seeking to inform the Commissioner of relevant information regarding a pending hearing without seeking any relief in the form of an order, shall so inform the Commissioner by filing such information in the form of a typewritten letter, which shall become part of the public record. The person filing such letter shall serve it on all parties to the proceeding.

 

3813.8Any person filing a motion, pleading, letter, or other document shall sign and date the filing and include the address and telephone number of the filing party. The document shall contain a certification of service indicating that the filing has been served on all parties to the proceeding.

 

source

Final Rulemaking published at 50 DCR 6433(August 8, 2003).