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120. Motions or Applications

1120.1 Motions or Applications Generally.

Motions or applications may be made at any time during the course of a proceeding. Any motion or application made prior to a public hearing must be made in writing. Motions or applications made orally during a hearing must, if the Board requires, also be filed in writing. Motions or applications must clearly state the relief sought, the grounds therefor, whether the motion or application is opposed, and if so, by whom. All motions or applications, not specifically acted upon shall be deemed disposed of consistent with the recommended decision of the Board.

120.2 Responses to Motions or Applications.

  1. In the case of motion or applications made ten (10) or more days prior to a public hearing, parties wishing to respond must respond in writing within ten (10) days of service of the motions or application or before the hearing commences, whichever occurs first. On motions or applications made subsequent to a hearing, parties wishing to respond must respond in writing within ten (10) days of service of the motion or application. On motions or applications made within ten (10) days of or during a hearing, responses shall be made within such time as directed by the Board or Legal Department. Failure to make a timely response shall be deemed a waiver of the right to respond.
  2. Notwithstanding the foregoing, parties wishing to respond to motions or applications pertaining to discovery requests or the answers thereto, including but not limited to motions or applications to compel or for sanctions and requests for confidentiality must respond to the motion or application within five (5) days of service of the motion or application unless the board or Legal Department directs otherwise.

120.3 Opposed and Unopposed Motions or Applications.

  1. The movant shall make a good faith effort to determine whether a contemplated motion or application will be opposed by the Legal Department.
  2. If a motion or application will not be opposed, the movant shall so state in the motion or application, and shall accompany the motion or application with a proposed order. The proposed order must be signed by an authorized representative of the Legal Department unless the motion or application seeks an extension of time or a continuance or is similarly directed to the discretion of the Board or Legal Department in procedural mailers.
  3. Opposed motions or applications shall state affirmatively that concurrence of the Legal Department has been requested and denied or shall state why no request for concurrence was made. Proposed orders need not be submitted with opposed motions or applications.
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