Current through Register Vol. 51, No. 22, November 1, 2024
Section 07.01.04.09 - MotionsA. Procedure. (1) Unless otherwise provided by this chapter, a party may move for appropriate relief: (a) Before a hearing or prehearing conference by submitting a written motion; or(b) During a hearing or prehearing conference by making an oral motion.(2) A written motion shall: (a) Be filed not later than 10 calendar days before a scheduled hearing or prehearing conference;(b) State concisely the question to be determined;(c) Be accompanied by any necessary supporting documentation and argument;(d) Be served on each party; and(e) Include: (i) A statement as to whether the party requests a prehearing telephone conference, and(ii) A telephone number where the party may be reached.(3) Any answer to a written motion shall: (a) Be filed on the earlier of: (i) 5 calendar days after receipt of the motion, or(ii) The date of any hearing or prehearing conference; and(b) Include a telephone number where the party may be reached.(4) When requested, the administrative law judge shall attempt to hold a prehearing conference with the parties by telephone and rule on all written motions that may affect the conduct of the hearing.(5) The administrative law judge shall rule on all motions:(a) On the record during a hearing or prehearing conference; or(b) In a written decision issued before or with the administrative law judge's proposed or final decision.B. Dispositive Motions. (1) In ruling on a motion that disposes of the appeal or of a substantive issue in the appeal, the administrative law judge shall issue a proposed or final order in accordance with the Secretary's delegation.(2) Motion to Dismiss. The administrative law judge may grant a motion to dismiss an appeal that is untimely or that otherwise fails to state a claim for which agency relief may be granted.(3) Motion for Summary Decision.(a) A party may move for summary decision on any substantive issue in the case.(b) The administrative law judge may grant a motion for summary decision if the administrative law judge finds that: (i) There is no genuine issue as to any material fact; and(ii) The moving party is entitled to prevail as a matter of law.Md. Code Regs. 07.01.04.09