Md. Code Regs. 14.30.08.16

Current through Register Vol. 51, No. 12, June 14, 2024

Section 14.30.08.16 - Motions

A. Process.

(1) Unless otherwise provided by this subtitle, a party:

(a) May move for appropriate relief before or during a hearing, including, if appropriate, for summary decision by the Board; and

(b) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.

(2) A written motion shall:

(a) Be filed not later than 5 days before the date of a prehearing conference, if any, or 7 days before the date of the hearing;

(b) State concisely the question to be determined;

(c) Be accompanied by all supporting documentation;

(d) Be accompanied by a memorandum of points and authorities; and

(e) Be served on each party.

(3) A response to a written motion shall be filed on the earlier of:

(a) 5 days after service of the motion; or

(b) The date of the hearing.

B. Amendments.

(1) A charge, motion, or response may be Regulation .11 adopted for good cause shown, but not ex parte, upon motion at any time before the start of the hearing.

(2) Form. Motions to amend shall be in writing filed with the presiding hearing officer, and the moving party shall serve a copy upon all parties by regular mail or email.

(3) The Board, the Executive Director, or the administrative law judge, as appropriate, may schedule a hearing to consider a written motion.

C. Rulings.

(1) The Board may rule on a motion for summary decision prior to, during, or after hearing. The Board may grant such a motion if it finds that:

(a) There is no genuine issue as to any material fact; and

(b) The moving party is entitled to prevail as a matter of law.

(2) The Board or administrative law judge may reserve ruling on a motion until during or after a hearing. The presiding hearing officer may issue a written ruling or orally state the ruling on the record.

(3) If the Board decides that a ruling on a motion shall be reserved until after the hearing, the Board shall issue the ruling in writing and may include the ruling in the final decision.

(4) The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.

Md. Code Regs. 14.30.08.16

Regulation .16 adopted effective 51:9 Md. R. 441, eff. 5/13/2024.