Ga. Comp. R. & Regs. R. 120-2-2-.17 - Motions
1.
How
Made.
a. All motions must state the
basis for the specific relief requested and be in writing, except as provided
in Rule 120-2-2-.17(1)(b).
b. Unless the Adjudicator orders otherwise, a
motion may be made orally during a conference or hearing. After providing an
opportunity for response, the Adjudicator may rule on the motion immediately or
may order that the motion and response be submitted in writing pursuant to Rule
120-2-2-.17(1)(a).
2. Unless the Adjudicator orders otherwise,
any party may file a response in support of or in opposition to any written
motion within 5 days after service of the motion. If no response is filed
within the response period, the party failing to respond will be deemed to have
waived any objection to the granting of the motion. The movant will have no
right to reply to the response, although the Adjudicator may in her/his
discretion permit a reply to be filed.
3. Except for procedural matters, the
Adjudicator may not, without assent of the parties, grant a written motion
prior to the expiration of the time for filing responses. Any party adversely
affected by the ex parte grant of a motion for a procedural order may request
reconsideration, vacation, or modification of the order within 10 days of
service of the order. The Adjudicator may deny a written motion without
awaiting a response or may allow oral argument (including that made by
telephone).
4. The Adjudicator may
summarily deny dilatory, repetitive, or frivolous motions. Unless the
Adjudicator orders otherwise, the filing of a motion does not stay an
adjudication.
5. All motions and
responses thereto must comply with Rule
120-2-2-.14 (Service and Filing of
Documents).
Notes
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