Section 31-334. MOTIONS

 

334.1An application to the Chairperson for an order or ruling not otherwise specifically provided for in §§ 320 to 355 and 399 shall be by motion.

 

334.2All motions shall be made at an appropriate time, depending upon the nature of the motion and the relief requested.

 

334.3Unless made during a hearing, motions shall be made in writing in conformity with § 333, shall state with particularity the grounds for the motion and the relief or order sought, and shall be accompanied by an affidavits or other evidence desired to be relied upon.

 

334.4Motions made during hearings, answers thereto, and rulings thereon, may be made orally on the record unless the Chairperson directs otherwise.

 

334.5Written motions shall be filed as separate documents, and shall not be incorporated in any other documents, except as follows:

 

(a)When incorporated of a motion in another document is specifically authorized by an order of the hearing panel; 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.

 

334.6In the instances described in § 334.5, the document filed shall be appropriately entitled and identified to indicate that it incorporates a motion. Otherwise the motion will be disregarded.

 

334.7Within seven (7) days after a motion is served, or such other period as the Chairperson 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 be relied upon.

 

334.8No oral argument shall be heard on motions unless directed by the Chairperson.

 

334.9Written 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.

 

334.10All motions shall be disposed of promptly by the Chairperson.

 

334.11The filing or pendency of a motion shall not automatically alter or extend the time fixed by §§ 320 to 355 and 399 or any extension granted thereunder to take action.

 

334.12Except as otherwise specified in §§ 320 to 355 and 399, any motion allowed under the rules of practice of the courts of the District of Columbia shall be entertained whenever applicable.

 

334.13All written motions shall be filed not later than ten (10) days prior to the date set for review or hearing unless the Chairperson shall find that subsequent circumstances have arisen which justify granting of leave to file such motions.

 

334.14All motions pending at the time of review or hearing shall be disposed of at that time.

 

source

Final Rulemaking published at 34 DCR 6751, 6770 (October 23, 1987).