Ariz. Admin. Code § 12-14-613

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-14-613 - Motions

A. Purpose. A party requesting a ruling from the Commission shall file a motion. Motions may be made for rulings such as:

1. Consolidation or severance of issues pursuant to R12-14-616;

2. Continuing or expediting a hearing pursuant to R12-14-617;

3. Vacating a hearing pursuant to R12-14-618;

4. Prehearing conference pursuant to R12-14-619;

5. Quashing a subpoena pursuant to R12-14-620;

6. Telephonic testimony pursuant to R12-14-621; and

7. Reconsideration of a previous order pursuant to R12-14-630 and R12-14-631.

B. Form. Unless made during a prehearing conference or hearing, motions shall be made in writing and shall conform to R12-14-615. All motions, whether written or oral, shall state the factual and legal grounds supporting the motion, and the requested action.

C. Time Limits. Absent good cause, or unless otherwise provided by law or these rules, written motions shall be filed with the Commission at least 10 days before any scheduled hearing. A party demonstrates good cause by showing that the grounds for the motion could not have been known in time, using reasonable diligence and:

1. A ruling on the motion will further administrative convenience, expedition or economy; or

2. A ruling on the motion will avoid undue prejudice to any party.

D. Response to Motion. A party may file a written response stating any objection to the motion within 5 days of service, or as directed by the Commission.

E. Oral Argument. A party may request oral argument when filing a motion or response. The Commission may grant oral argument if it is necessary to develop a complete record.

F. Rulings. Rulings on motions, other than those made during a prehearing conference or the hearing, shall be in writing and served on all parties.

Ariz. Admin. Code § R12-14-613

Correction, not in original publication; former Rules of Practice and Procedure, Article XIII, adopted effective November 14, 1952, renumbered as Section R12-14-613 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.