Ariz. Admin. Code § 2-19-106

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-19-106 - Motions

A. Purpose. A party requesting a ruling from an administrative law judge shall file a motion. Motions may be made for rulings such as:

1. Consolidation or severance of matters pursuant to R2-19-109;

2. Continuing or expediting a hearing pursuant to R2-19-110;

3. Vacating a hearing pursuant to R2-19-111;

4. Prehearing conference pursuant to R2-19-112;

5. Quashing a subpoena pursuant to R2-19-113;

6. Telephonic testimony pursuant to R2-19-114; and

7. Reconsideration of a previous order pursuant to R2-19-115.

B. Form. Unless made during a prehearing conference or hearing, motions shall be made in writing and shall conform to the requirements of R2-19-108. All motions, whether written or oral, shall state the factual and legal grounds supporting the motion, and the requested action.

C. Time Limits. Absent good cause, or unless otherwise provided by law or these rules, written motions shall be filed with the Office at least 15 days before the hearing. A party demonstrates good cause by showing that the grounds for the motion could not have been known in time, using reasonable diligence and:

1. A ruling on the motion will further administrative convenience, expedition or economy; or

2. A ruling on the motion will avoid undue prejudice to any party.

D. Response to Motion. A party shall file a written response stating any objection to the motion within 5 days of service, or as directed by the administrative law judge.

E. Oral Argument. A party may request oral argument when filing a motion or response. The administrative law judge may grant oral argument if it is necessary to develop a complete record.

F. Rulings. Rulings on motions, other than those made during a prehearing conference or the hearing, shall be in writing and served on all parties.

Ariz. Admin. Code § R2-19-106

Section adopted by final rulemaking at 5 A.A.R. 563, effective February 3, 1999 (Supp. 99-1).