Section 407-110-5 - PETITIONS AND MOTIONSA. Form Other than petitions required by statutes or other Commission rules, every request for Commission action shall be made by motion. Documents which do not on their face purport to be a petition or motion but which request Commission action shall be treated as a petition or motion in accordance with the applicable statutes and this rule. Every petition or motion shall be in writing, except that a motion may be made on the record during a hearing to which the request or motion is related.
B.Requirements; Procedure Any person filing a motion shall proceed in accordance with this section.
1. The motion shall be filed with the Commission.2. Each motion shall include or be accompanied by a clear and detailed statement of the facts and law supporting the action sought including citations to all supporting authorities relied upon.3. Any party opposing a motion shall file a statement in opposition to the motion, including citations to all supporting authorities, within 7 days after service of the motion, unless some other period is established by the presiding officer. Any party may file a reply to a statement in opposition to a motion within 3 days of the filing of the statement unless some other period is established by the presiding officer.4. Oral hearings on motions shall be held at the discretion of the presiding officer. A request for oral hearing shall be included in the statements in support of or opposition to the motion, with a statement of the reasons that such a hearing is required or desired. If statements in opposition give rise to new reasons for requesting an oral hearing, the moving party may file a supplemental request for an oral hearing within 3 days of the service of the statement in opposition.5. If the presiding officer decides to schedule an oral hearing, he or she will either give notice thereof to all parties or will direct the moving party to do so.65- 407 C.M.R. ch. 110, § 5