Sec. 30.02.06.12. Motions

A. Process.

(1) Unless otherwise provided by this chapter, a party:

(a) May move for appropriate relief before or during a hearing; and

(b) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.

(2) A written motion shall:

(a) Be filed not later than:

(i) 10 days before the date of a prehearing conference, or

(ii) 20 days before the date of the hearing;

(b) State concisely the question to be determined;

(c) Be accompanied by all supporting documentation;

(d) Be accompanied by a memorandum of points and authorities; and

(e) Be served on each party.

(3) A response to a written motion shall be filed on the earlier of:

(a) 10 days after service of the motion; or

(b) The date of the hearing.

(4) The EMS Board or the administrative law judge, as appropriate, may schedule a hearing to consider a written motion.

(5) Decision.

(a) The EMS Board or the administrative law judge, as appropriate, may reserve ruling on a motion until after a hearing.

(b) The EMS Board may issue a written decision or state the decision on the record.

(c) The administrative law judge may issue a ruling on the motion.

(d) If a ruling on a motion is reserved, the ruling shall be in writing and may be included in the final decision.

(6) Failure of a party to attend a scheduled hearing may be grounds for a decision adverse to that party.

(7) The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.

B. Motion to Dismiss. Upon motion, the EMS Board or the administrative law judge, as appropriate, may issue a proposed decision or final decision dismissing:

(1) An agency action; or

(2) A request for hearing which fails to state a claim for which agency relief may be granted.

C. Motion for Summary Decision.

(1) A party may move for summary decision on any substantive issue in the case.

(2) Upon written motion, a proposed decision or a final decision may dismiss a request for hearing if the EMS Board or the administrative law judge, as appropriate, finds that:

(a) There is no genuine issue as to any material fact; and

(b) The moving party is entitled to prevail as a matter of law.

D. Motion for Postponement.

(1) The EMS Board or the administrative law judge, as appropriate, may postpone or continue a hearing:

(a) For good cause; or

(b) Upon a joint request of the parties.

(2) Absent extenuating circumstances, a hearing may be postponed only upon written request filed not later than 10 days before the hearing and served on all parties.

(3) The failure of the respondent to retain counsel or to timely request a subpoena is not considered good cause for the purposes of a postponement.

(4) Upon postponement, the hearing shall be rescheduled for a date certain.