N.Y. Comp. Codes R. & Regs. tit. 16 § 3.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 3.6 - Motion practice

(a) All written motions shall, pursuant to section 3.5 of this Part, be filed with the secretary and at the same time be served on each party to the proceeding. Oral motions may be made at hearings or in extraordinary circumstances where required by the public interest. Any oral motion not made at a hearing shall be on oral notice to all parties to the proceeding.

(b) In cases in which a presiding officer has been assigned and a recommended decision not yet been issued, motions shall be addressed to the presiding officer. In all other instances, motions shall be addressed to the secretary.

(c) Motions shall clearly set forth the nature of the relief requested and the alleged basis for it.

(d)

(1) Parties wishing to respond to motions shall do so within eight days after service unless a different time period is permitted by section 3.5(f) of this Part or is otherwise established by the presiding officer or the secretary.

(2) The response shall be addressed to the official to whom the motion was addressed and, pursuant to section 3.5 of this Part, be filed with the secretary and at the same time be served on each party to the proceeding.

(3) Replies to responses will not be entertained except in extraordinary circumstances or if the response itself seeks relief and effectively constitutes a countermotion.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 3.6