Okla. Admin. Code § 165:5-21-5

Current through Vol. 42, No. 4, November 1, 2024

Section 165:5-21-5 - Motions

(a)Pleadings other than the application or response shall be made by motion.

(1) Each motion shall state in plain language the action or relief sought and the facts and circumstances upon which the motion is based.

(2) All motions, including motions to dismiss and motions for summary judgment, will be set on a regularly scheduled motion docket to be heard by an Administrative Law Judge unless otherwise directed by the assigned Administrative Law Judge.

(3) The filing of a motion will not automatically delay the hearing on the merits.

(4) The Court Clerk will advise the person filing the motion when it will be heard and what Administrative Law Judge will hear it. A notice of the time of hearing must be included on the motion document, below the certificate of mailing.

(5) The notice of hearing shall be sent to other parties of record by regular mail at least five (5) days prior to the date set for hearing.

(6) All motions will be decided by the Administrative Law Judge.

(b)Reply to motions. Any person may file and serve a reply to any motion at any time before the motion is heard.

(c)Specific motions.

(1)Motion to Intervene. Any person with a substantive interest in the subject matter of a case may become a party by filing a motion for intervention.

(A) The Administrative Law Judge shall prescribe terms and conditions upon which intervention shall be allowed.

(B) The Administrative Law Judge will not grant intervention if the motion is filed less than 20 days before the date of the hearing on the merits.

(C) The filing or granting of any motion to intervene shall not be grounds to delay any hearing date or time limit set in a proceeding.

(D) An intervention may seek affirmative relief.

(2)Motion to Dismiss or Motion for Summary Judgment.

(A) The applicant may dismiss his application with or without prejudice at any time. The dismissal shall not dismiss the cause as to affirmative relief sought by any respondent.

(B) At any time prior to the hearing on the merits a respondent may file a motion to dismiss or a motion for summary judgment.

(C) A case may be dismissed by agreement of all parties or recommended for dismissal with or without prejudice by the Administrative Law Judge upon a motion by the Administrative Law Judge or any party of record.

(D) Upon five (5) days notice to parties of record, the Administrative Law Judge may entertain motions to dismiss or summary judgement for any of the following reasons:

(i) Failure to state facts which would justify any Commission action

(ii) A showing that facts set out by the parties, including materials in attached affidavits, answers to interrogatories, documents produced or testimony elicited in deposition show that it is possible for only one party to win.

(iii) Failure to prosecute.

(iv) The case has already been decided.

(v) The question is moot.

(vi) Lack of jurisdiction.

(vii) Failure to submit a proposed order in a timely manner.

(viii) For other good cause shown.

(3)Motion for Joinder and/or Consolidation. Upon motion, a case may:

(A) Have two or more complainants joined in one complaint if their respective complaints are against the same person(s) and involve substantially the same subject matter and grounds;

(B) Have a person ordered joined as a party of record and to appear in a proceeding; and

(C) Have consolidation of two or more cases for hearing.

(4)Motion for Continuance. Pursuant to 17 O.S § 330, no more than two (2) continuances shall be granted by the Commission in any case unless further continuance is agreed to by all of the parties actively participating in the case.

(A) The Commission may grant additional continuances upon the showing of exigent or extraordinary circumstances.

(B) Notice of the continuance date shall be served on all respondents and parties of record and shall be sent by regular mail at least five (5) days prior to the date of the hearing.

(C) Every continuance shall be to a specific day.

Okla. Admin. Code § 165:5-21-5

Added at 16 Ok Reg 829, eff 1-25-99 (emergency); Added at 16 Ok Reg 2807, eff 7-15-99