Md. Code Regs. 10.37.10.22

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.37.10.22 - Motions

A. Motions shall be in writing, except when made at a hearing or conference and shall state concisely the question which the Commission is called upon to determine, or the action the movant desires the Commission to take. It shall state all reasons, authorities, and citations in the body of the motion or in a supporting memorandum. A certificate of service, setting forth all parties upon whom a copy of the motion was served, shall be attached to the motion.

B. The following actions shall be taken by motion:

(1) Objections to actions of the Commission, or the Commission's staff; motions for clarification or reconsideration may not stay the orders of the Commission;

(2) Demands for actions which the movant desires the Commission, or the Commission's staff to take;

(3) Showing reasonable cause why an Order Nisi should not become effective;

(4) Presenting a proper and justifiable question to the Commission;

(5) Objections to the introduction of statements or other evidence by another party during a proceeding;

(6) Challenges to members of the Commission;

(7) Proposals for stipulations;

(8) Answers to prior motions; and

(9) All other actions which might be initiated properly or undertaken by a party to a proceeding and which are not otherwise provided for in these regulations.

C. The motion shall be filed with the Commission and a copy shall be served on each affected party.

D. A motion need not be verified unless it is based upon facts not apparent from the record or documents filed in the proceeding.

E. Any affected party may answer an initial motion.

F. The method of considering the motion, whether by executive communication, private hearing, or public hearing shall be determined by the chairman of the Commission.

G. The Commission shall decide upon the question presented or action demanded in the motion in an equitable manner and as soon as practicable.

H. Except when a motion is made at a conference or a hearing, the order granting or denying the motion shall be in writing and shall be entered on the record of the proceeding and copies of the order shall be served upon the moving party and all affected parties.

I. The decision expressed in the order shall be decided pursuant to these regulations, if provision is made. If no provision is made, the motion shall be decided by a majority of the Commission. However, motions made in the course of a private conference or at a public hearing shall be decided by the presiding officer or a majority of the Commission attending the session of the conference or hearing at which the motion was made, as provided elsewhere in these regulations. Motions made in the course of a general hearing shall be decided by the hearing officer.

Md. Code Regs. 10.37.10.22