Current through November 7, 2024
Section 250-RICR-10-00-1.8 - MotionsA. General Requirements 1. Motion practice. A party may request of the AAD or AHO any order or action not inconsistent with law or these regulations. Such a request shall be called a motion. The types of motions made shall be those, which are permissible under these Rules and the R.I. Superior Court Civil Rules of Procedure.2. Presentation/objection to motions. Motions may be made in writing at any time, or they may be made orally during a hearing. Each motion shall set forth the grounds for the desired order or action and state whether oral argument is requested. Within seven (7) days after a written motion is filed with AAD, a party opposing said motion must file a written objection to the allowance of the motion and shall, if desired, request oral argument and allow three (3) extra days if the motion is sent by mail. All motions and objections shall be accompanied by a written memorandum, specifying the legal basis and support of the party's position. Failure to file a written objection within the prescribed time period, will be deemed a waiver of the objection, although an AHO, within his or her discretion, may grant additional time to a party in order to respond to a motion.3. Action on motion. The AHO shall, if he/she determines oral argument on the motion is warranted, give at least three (3) days' notice of the time and place for such argument. The AHO may act on a motion when all parties have responded thereto, or the deadline for response has passed, whichever comes first.B. Withdrawals. A petitioner at any time may withdraw his request for hearing, but the withdrawal must be submitted in writing signed by the petitioner or his authorized representative, or by written stipulation signed by the parties. All withdrawals must be submitted to the AAD.C. Emergency scheduling. Any party may on motion, or the AHO sua sponte, may, for good cause order an accelerated hearing.250 R.I. Code R. 250-RICR-10-00-1.8