Md. Code Regs. 26.01.02.30

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.01.02.30 - Pleadings, Motions, and Briefs

A. A party shall serve on all other parties a copy of all pleadings and papers filed in the case.

B. Motions Generally.

(1) Any party may make a motion seeking appropriate relief before or during the hearing. If made:

(a) Before a hearing, the motion shall:

(i) Be in writing;

(ii) State concisely the question to be determined;

(iii) Be filed not later than 5 days before the date of the hearing; and

(iv) Be accompanied by a memorandum of points and authorities;

(b) In the course of a hearing, a motion may be made orally.

(2) A reply to a written motion may be filed by any party not later than 15 days after the filing of the motion or on the date of the hearing, whichever is sooner.

(3) A hearing may be held to consider a motion. If a hearing is held, all parties shall be given written notice. Failure of a party to attend a hearing on a motion may be grounds for a decision adverse to that nonattending party.

(4) Decision.

(a) The hearing examiner may grant or deny any motion or may postpone ruling on a motion until after the hearing.

(b) If a written motion is granted or denied, the hearing examiner may issue a written decision or state the decision in the record.

(c) If a ruling on a written motion is postponed, the ruling may be included in the hearing examiner's proposed decision.

(d) A ruling on an oral motion made during the course of a hearing may be included in the hearing examiner's proposed decision or stated in the record.

C. Motion to Dismiss. Upon motion, the hearing examiner may issue a proposed decision dismissing a request for hearing, complaint, civil penalty, or an order of the Department, which fails to state a claim upon which administrative relief may be granted.

D. Briefs, Proposed Findings of Fact and Conclusions of Law.

(1) A party may, and at the request of the hearing examiner shall, submit to the hearing examiner a brief on any issue of fact or law involved in the hearing.

(2) Proposed findings of fact and conclusions of law may be submitted by any party, unless the hearing examiner concludes that findings of fact and conclusions of law are unnecessary or inappropriate.

(3) Written submissions shall be filed in the form, and at the time, that the hearing examiner may designate.

Md. Code Regs. 26.01.02.30

Regulations .30 adopted effective October 16, 1989 (16:20 Md. R. 2183)