02.01.02.18

.18 Motions.

A. Hearings Before the Chief.

(1) In hearings before the Chief, the provisions of §A(2—(7) of this regulation apply.

(2) A party may move for appropriate relief by submitting a motion either:

(a) In writing; or

(b) Orally at the hearing.

(3) Content of Motions. In the motion, a party shall:

(a) Set forth the relief or order sought;

(b) State with particularity the grounds; and

(c) Attach as an exhibit to a written motion or, in an oral motion, refer to, any necessary supporting documents.

(4) Prehearing Motions.

(a) Filing. A party shall file any prehearing motions:

(i) In writing; and

(ii) Not later than 15 days before the date of the hearing.

(b) Response. A party shall file a written response to a prehearing motion:

(i) Within 15 days of filing of the motion; or

(ii) If the hearing is scheduled within 15 days of filing of the motion, not later than the date of the hearing.

(c) Emergency Request for Postponement.

(i) For purposes of this section, "emergency" means a sudden, unforeseen occurrence requiring immediate attention that arises within 5 days of the hearing.

(ii) In an emergency, a party may request a postponement by telephone.

(iii) When practicable, a party shall contact all parties to a proceeding before a ruling on a postponement request is made.

(5) Post-hearing Motions.

(a) Filing. Post-hearing motions shall be filed in writing.

(b) Response. A response to a post-hearing motion shall be filed:

(i) In writing; and

(ii) Within 15 days of filing of the motion.

(6) Effect of Motion on Other Time Limits. The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.

(7) Review of Ruling. A ruling on a motion may only be reviewed by:

(a) Exception to the proposed decision; or

(b) Judicial review under State Government Article, §10-222, Annotated Code of Maryland.

B. COMAR 28.02.01.12 governs motions in hearings delegated to the Office.