Briefs

Section 1200 Section 1200.140  Briefs a)         For purposes of this Section, "briefs" shall be deemed to include: 1)         post-hearing briefs before an Administrative Law Judge; 2)         briefs in support of appeals from Executive Director's orders and responses to those orders, inclusive of any separate appeal or response document filed with the brief; 3)         briefs in support of exceptions and cross-exceptions to an Administrative Law Judge's recommended decision and order and responses to that decision and order, inclusive of any separate exceptions, cross-exceptions or response document filed with the brief; 4)         briefs in support of or opposition to petitions for declaratory ruling; 5)         objections to compliance orders; and 6)         amicus curiae briefs filed pursuant to subsection (c). b)         All briefs, including supporting materials, shall be no more than a total of 50 double-spaced pages with margins of at least ½ inch, including attachments. All of the pages in excess of the 50 page limit will be rejected, unless leave is granted.  In the extraordinary circumstance that a case involves extremely complex issues, issues of first impression, or a lengthy factual record, a party may seek leave to file a brief in excess of 50 pages by filing a motion requesting leave.  Motions seeking leave must be filed before the deadline for filing the brief at issue and should be directed to the Administrative Law Judge with whom the brief is pending or the General Counsel if the brief is on a matter before the Board. c)         Interested non-parties may file a motion with the Board to request leave to file an amicus curiae brief or the Board, on its own motion, may solicit such briefs.  The Board's standards by which to grant leave to file an amicus brief will include the importance of the issue presented, the general application of the issue presented and the need perceived by the Board for additional briefing on the issue presented.  The amicus curiae brief shall conform to any conditions imposed by the Board for briefs in the case in which the brief is filed.  These interested non-parties may be invited to participate in oral arguments heard by the Board.  The Board will accept amicus curiae briefs in its proceedings.  The filing of these briefs shall not serve to postpone or delay the proceedings.