Filing of Motions and Responses

Section 101 Section 101.500  Filing of Motions and Responses a)         The Board may entertain any motion the parties wish to file that is permissible under the Act or other applicable law, this Part, or the Code of Civil Procedure. b)         All motions must be in writing, unless made orally on the record during a hearing or during a status conference, and must state whether the motion is directed to the Board or to the hearing officer.  A party's oral motion made to the Board at hearing is waived if the party fails to file the motion within 14 days after the Board receives the hearing transcript.  Motions that should be directed to the hearing officer are specified in Section 101.502.  All motions must be filed and served in compliance with Subparts C and J. c)         Motions may be filed at any time unless otherwise specifically provided. d)         Within 14 days after service of a motion, a party may file a response to the motion.  If no response is filed, the party waives objection to the granting of the motion, but the waiver of objection does not bind the Board or the hearing officer in its disposition of the motion.  Unless undue delay or material prejudice would result, neither the Board nor the hearing officer will grant any motion before the 14-day response period expires, except in decision deadline proceedings in which no decision deadline waiver has been filed.  Parties may request that the Board grant more time to respond by filing a motion for extension of time before the response period expires. e)         The moving person will not have the right to reply, except as the Board or the hearing officer permits to prevent material prejudice.  A motion for permission to file a reply must be filed with the Board within 14 days after service of the response.