Ga. Comp. R. & Regs. R. 350-4-.25 - Motions
(1) An application to the Administrative Law Judge for an order
requiring any party to take any action or entering any interlocutory ruling
shall be made by motion. Unless made during the hearing, motions shall be in
writing, shall state specifically the grounds therefor, and shall describe the
action or order sought. Motions that may be made in conformance with this Rule
include, without being limited to, motions for more definite statement, for
dismissal (e.g., for lack of jurisdiction over the subject
matter or parties, for failure to state a claim upon which relief may be
granted or for any other ground), for summary determination, to amend, to
intervene, to substitute parties, to consolidate or sever parties or issues, to
take depositions or interrogatories, to secure testimony, or to re-open the
Record to admit newly-discovered evidence. A copy of any written motion shall
be served upon all parties in accordance with Section .23 of this
Chapter.
(2) Within 20 days after service of any written motion, any
party to the proceedings may file a response to the motion. The time for
response may be shortened or extended by the Administrative Law Judge for good
cause shown.
(3) The Administrative Law Judge may, either sua
sponte or at the request of any party, determine in his discretion
whether the nature and complexity of the motion justifies a hearing and notify
the parties accordingly. A request for a hearing on a motion must be made in
writing and filed by the date the response to the motion is to be filed. Notice
of hearing on a motion shall be given by the Administrative Law Judge at least
5 days prior to the date set for hearing unless such notice is waived by all
parties. At the discretion of the Administrative Law Judge, such hearings may
be conducted, in whole or in part, via telephone. If a hearing on a motion is
not requested or deemed justified, the Administrative Law Judge shall rule upon
the motion forthwith.
(4) Multiple motions may be consolidated for hearing or heard
at a pre-hearing conference. The Administrative Law Judge may call for the
submission of briefs, for oral argument, or both, either in support of or in
opposition to any motion.
Notes
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