HAR §15-15-70. Motions

(a) Any party may make motions before, during, or after the close of a hearing . (b) All motions, other than those made during a hearing, shall: 15-68 3 3 51 §15-15-70 (1) Be in writing; (2) State the grounds for the motion; (3) Set forth the relief or order sought; (4) Be accompanied by a memorandum in support of the. motion, if the motion involves a question of law; and (5) Be filed with the commission at least ten business days before the next regularly scheduled meeting of the commission. (c) Every motion, except one entitled to be heard ex parte, shall indicate whether a hearing is requested on the motion. If a motion requires the consideration of facts not appearing of r ecord, it shall be supported by affidavits or declarations . (d) The moving party shall serve a copy of all motion papers on all other parties and shall file the original plus one paper copy and one electronic copy with the commission and proof of service. The number and format of copies required under this section may be modified by order of the commission. (e) The opposing party or parties shall serve on all other parties and file counter affidavits and memorandums in opposition to the motion and of the authorities relied .upon not later than seven days after being served with any written motion, or, if the hearing on the motion will occur less than seven days after the motion is served, at least forty-eight hours before the time set for hearing, unless otherwise ordered by the chairperson, chairperson' s designee, or hearings officer, The chairperson, chairperson ' s designee, or hearings officer may order the opposing party or parties to file its memorandum in opposition earlier than the seven day period. The opposing party shall file the original plus one paper copy and one electronic copy with the commission and proof of service. The number and format of copies required under this section may be modified by order of the commission. (f) Any party who does not oppose a motion or who intends to support a motion or who desires a continuance shall notify the commission, through the executive dfficer, and the opposing counsel within 15-69 §15-15-70 seven days after being served or, if the hearing on the motion will occur less than seven days after the motion is served, within forty-eight hours before the time set for hearing . (g) Failure- to serve or file memoranda in opposition to a motion or failure to appear at the hearing may be deemed a waiver of objection to the granting or denial of the motion. (h) Motions that do not involve the final determination of a proceeding may be heard and determined by the chairperson, commissioner, or hearings officer. (i) If a hearing is requested, the executive officer shall set a date and time for hearing on the motion. (j) If a hearing on the motion is not requested, the commission may decide the matter upon the pleadings, memoranda, and other documents filed with the commission, or hold a hearing on th~ matter. (k) Any motion, except a motion for relief from or release of conditions submitted by the same party or parties and based upon substantially the same grounds as a previous motion that has been considered by the commis.sion or denied by the commission shall not be again considered. (1) After the hearing on the evidence is closed, but before the commission votes on a decision, a party for good cause shown may move to re-open the hearing to take newly discovered evidence. The motion shall specify the facts claimed to constitute good cause, including material changes of fact or of law alleged to have occurred since the closing. of the hearing and shall provide a description of the proposed additional evidence and an explanation of why the newly discovered evidence was not previously adduced. The party filing the motion shall be responsible for fees and costs pursuant to section 15-15-45 . 1. (m) Orders granting, denying or otherwise disposing of motions, including_motions to amend decisions and orders relating to district boundary amendments and t o special permits, shall be signed by the chairperson or any vice chairperson, or the 15-70