N.Y. Comp. Codes R. & Regs. tit. 9 § 581-4.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 581-4.9 - Motions

(a) Motions made at any time shall be part of the hearing record. Every motion must clearly state the requested relief and the facts upon which it is based and may present legal argument in support of the motion.

(b) Prior to, and after the hearing but prior to the close of the hearing record, any motions shall be submitted in writing to the hearing officer.

(c) During the hearing, motions may be made orally, except where otherwise directed by the hearing officer. All parties may respond orally to such motions, except where otherwise directed by the hearing officer.

(d) The hearing officer shall rule promptly on any motion and must rule on all pending motions prior to the close of the hearing record. Any motions not ruled upon at that time will be deemed denied.

(e) Any motions made after the close of the hearing record shall be in writing and submitted to the agency's chairman for a ruling by the agency.

(1) Any such motion shall be served on all parties no more than 10 days after the close of the hearing record.

(2) The agency shall rule on any such motion prior to making its determination with regard to the hearing.

(f) Copies of all written motions shall be served on all parties. All parties have at least 10 days after a written motion is served to serve a response.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-4.9