Ill. Admin. Code tit. 74 § 730.250

Current through Register Vol. 48, No. 50, December 13, 2024

Section 730.250 - Motions

a) Motions, unless made during a hearing, shall be in writing, shall specify the relief and/or order sought, and shall be served on all Parties and filed with the Treasurer.

b) When any motion is filed, the opposing Party has 28 days, or such other period as the Hearing Officer may prescribe, to file a written response setting forth the arguments, authorities relied upon, and affidavits or other supporting evidence. The moving Party shall have 14 days, or such other period as the Hearing Officer may prescribe, to file a written reply. When any oral motion is presented during a hearing, the Respondent may respond instanter or may request leave to file a written response within the same time periods set forth in this subsection. If no response is filed nor orally presented, the responding Party's right to object will be deemed waived.

c) The Hearing Officer may allow oral argument and is authorized to question either Party if the Hearing Officer deems it necessary for a fuller understanding of the issues presented. When facts that are not part of the record in the case are alleged in support of a motion, an affidavit shall be attached to the motion setting forth those facts. A written motion shall be disposed of by written order and notice to all Parties.

d) The Hearing Officer shall rule, within a reasonable time, upon all motions properly presented before him or her. All motions and corresponding orders shall be part of the administrative record. Any dispositive motion that disposes of all claims or all Parties in the action that is granted by the Hearing Officer shall be part of the administrative record and shall be treated as a final decision for purposes of appeal.

e) Before granting any dispositive motion, the Hearing Officer may first afford the Party an opportunity to cure defects in pleading or proof. The ruling whether to afford that opportunity to cure defects shall be made part of the administrative record in accordance with Section 10-35 of the IAPA.

f) Unless otherwise ordered, the filing of a motion or response shall not stay the proceeding nor extend the time for the performance of any act.

g) In calculating the timelines specified in this Part, Section 1.11 of the Statute on Statutes [ 5 ILCS 70 ] shall apply.

Ill. Admin. Code tit. 74, § 730.250

Adopted at 42 Ill. Reg. 9587, effective 5/23/2018.