(1) An application to the Administrative Law Judge for an order requiring any party to take any action or entering any interlocutory ruling shall be made by motion. Unless made during the hearing, motions shall be in writing, shall state specifically the grounds therefor, and shall describe the action or order sought. Motions that may be made in conformance with this Rule include, without being limited to, motions for more definite statement, for dismissal (e.g., for lack of jurisdiction over the subject matter or parties, for failure to state a claim upon which relief may be granted or for any other ground), for summary determination, to amend, to intervene, to substitute parties, to consolidate or sever parties or issues, to take depositions or interrogatories, to secure testimony, or to re-open the Record to admit newly-discovered evidence. A copy of any written motion shall be served upon all parties in accordance with Section .23 of this Chapter.(2) Within 20 days after service of any written motion, any party to the proceedings may file a response to the motion. The time for response may be shortened or extended by the Administrative Law Judge for good cause shown.(3) The Administrative Law Judge may, either sua sponte or at the request of any party, determine in his discretion whether the nature and complexity of the motion justifies a hearing and notify the parties accordingly. A request for a hearing on a motion must be made in writing and filed by the date the response to the motion is to be filed. Notice of hearing on a motion shall be given by the Administrative Law Judge at least 5 days prior to the date set for hearing unless such notice is waived by all parties. At the discretion of the Administrative Law Judge, such hearings may be conducted, in whole or in part, via telephone. If a hearing on a motion is not requested or deemed justified, the Administrative Law Judge shall rule upon the motion forthwith.(4) Multiple motions may be consolidated for hearing or heard at a pre-hearing conference. The Administrative Law Judge may call for the submission of briefs, for oral argument, or both, either in support of or in opposition to any motion.Ga. Comp. R. & Regs. R. 350-4-.25
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "Motions" adopted as ER. 350-4-0.4-.25. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.Repealed: Permanent Rule of same title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.