Ill. Admin. Code tit. 56, § 2605.260 - Motions
a) Motions, unless
made during a Hearing, shall be in writing, shall specify the relief and/or
order sought, and shall be served on all parties and filed with the Department.
Motions are limited to the following:
1) To
request dismissal of a Petition for Hearing or a Notice of Charges for failure
to comply with Section
2605.80
or failure to state a claim upon which relief can be granted.
3) To request dismissal of a Petition for
Hearing when the Petitioner's case has been concluded without sufficient
evidence having been presented to form the basis for a recommendation that the
Department reverse its findings, determinations, or conclusions.
4) To request dismissal of a Notice of
Charges when the Department's case has been concluded without sufficient
evidence having been presented to form a basis for the relief requested by the
Department.
5) To request a
continuance, or extension of time to comply with any provision of this
Part.
6) To request an order
granting a rehearing or additional Hearings.
7) To request an order that the Hearing
Officer reconsider the Proposal for Decision.
8) To request that the Director or Hearing
Officer deem a failure to file an answer conforming to Section
2605.180
to be an admission of the truth of the allegations contained in the Petition
for Hearing or Notice of Charges.
9) To request recusal of the Hearing Officer
in accordance with Section
2605.220.
10) To request that the Hearing Officer issue
an order requiring a party to appear at any case management Hearing, prehearing
conference, or formal Hearing, or to be held in default.
11) To request that an order be vacated or
modified.
12) To request a case
management or prehearing conference.
13) To request consolidation or severance of
cases in accordance with Section
2605.190.
14) To request summary judgment if the
pleadings and any evidence on file, together with any supporting affidavits,
shows that there is no genuine issue of any material fact and that the moving
party is entitled to a judgment as a matter of law.
15) To request that certain evidence or
witnesses be excluded from a Hearing.
16) To request that certain evidence be
stricken from the record.
b) When any motion is filed, the opposing
party has 28 days, or such other period as the Hearing Officer may prescribe,
to file a written response setting forth the arguments, authorities relied
upon, and affidavits or other supporting evidence. The moving party shall have
14 days, or such other period as the Hearing Officer may prescribe, to file a
written reply. When any oral motion is presented during a Hearing, the opposing
party may respond at that Hearing or request leave to file a written response
within the same time periods as set forth in this Section. If no response is
filed or orally presented, the opposing party's right to object will be deemed
waived. Any dispositive motion that disposes of all claims or all parties in
the action that is granted shall be part of the Administrative Record and shall
be treated as a Final Decision pursuant to Section
2605.410 for
purposes of appeal.
c) The Hearing
Officer may allow oral argument, if it is deemed necessary for a fuller
understanding of the issues presented, and is authorized to question either
party. When facts are alleged in support of a motion that are not a part of the
record in the case, an affidavit shall be attached to the motion setting forth
those facts. A written motion shall be disposed of by written order and notice
to all parties.
d) The Hearing
Officer shall rule upon all motions properly presented within a reasonable
time. All motions and corresponding orders shall be part of the Administrative
Record.
e) Unless otherwise
ordered, the filing of a motion or response shall not stay the proceeding or
extend the time for the performance of any act.
f) Before granting any dispositive motion,
the Hearing Officer may first afford the party an opportunity to cure defects
in pleading or proof, and the ruling shall be made part of the Administrative
Record in accordance with Section 10-35 of the IAPA.
Notes
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