(a) All motions, including a motion pursuant to Sections 115.11, 115.12, or 115.13 of this article and Section 11450.30 of the Government Code, for a protective order or a motion to quash relating to a subpoena, may be made orally, in writing, or electronically, if the parties have agreed to electronic service pursuant to Section 115.06 of this article.(b) Any motion shall state in plain language the relief sought and the facts and circumstances the moving party contends support the motion and shall be supported by legal authority.(c) All motions shall be made either orally on the record or in writing. Motions made in writing shall be served on the hearing officer either in person, by mail, or electronically in accordance with Section 115.06 if the person requesting the hearing has consented to electronic service. (1) Any motion not made in accordance with subsection (c) shall not be accepted for filing and the motion will not be considered.(2) A motion made orally on the record may be made in person or virtually by telephone, videoconference or other electronic means at the discretion of the hearing officer.(d) Any motion may be decided by the department without oral argument. Any party may request an opportunity for oral argument at the time of the filing of the motion or response. Oral argument shall be made on the record.(e) An order deciding any motion made pursuant to this section may be made by the hearing officer either orally on the record or in writing.Cal. Code Regs. Tit. 13, § 115.11
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11450.05, 11450.30, 11455.30, 11507.3, 11507.7, 11508(c), 11511 and 11524, Government Code.
1. Renumbering of former section 115.08 to new section 115. 11, including amendment of section, filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).