Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1700 - LOTTERY HEARINGS › Section 1700.100 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
Motions in the course of proceedings may be presented to
				request the dismissal of the proceedings for want of jurisdiction or want of
				prosecution, the quashing of a subpoena, postponement of the effective date of
				an order, the extension of time for compliance with an order, or other relief
				as may be appropriate. Any preliminary motion which is authorized under the
				Code of Civil Procedure [735 ILCS 5 ]
				that may be utilized in normal civil practice and is not otherwise inconsistent
				with administrative practice and procedure, contrary to the Lottery Law, or
				outside the scope of an Administrative Law Judge's authority may be employed.
				Motions may include but are not limited to summary judgment, dismissal for want
				of jurisdiction or want of prosecution, failure to state a claim, compel
				discovery, reconsideration, vacate or modify an order, enforce a settlement,
				disqualification of an ALJ, protective order, sanctions, or other relief as may
				be appropriate.
a) All motions shall
			 be in writing, except those based on unforeseen or emergency circumstances, and
			 shall be accompanied by any affidavits or other evidence relied upon. Any
			 motion filed shall be clearly designated and shall contain in its caption the
			 name of the case, docket number and type of motion brought. Motions shall bear
			 evidence of a certification of service and notice to the appropriate parties.
			 The notice of motion and motion must be filed at least 28 days in advance of an
			 oral hearing and, when appropriate, by a proposed order. All motions shall be
			 filed with the ALJ and each additional party, if any, shall be served a copy of
			 that motion.
b) Within 10 days
			 after service of a written motion or other document, or other period as the ALJ
			 may allow, a party may file a response in support of or in opposition to the
			 motion and, if necessary, accompanied by affidavits or other evidence. A party
			 filing a motion has the right to request from the ALJ leave to file a reply to
			 a response.
c) Unless otherwise
			 ordered, the filing of an answer or motion shall not stay the proceeding or
			 extend the time for the performance of any act.
d) A party has a right to file an emergency
			 motion setting forth why an emergency exists. The ALJ can deny the emergency
			 motion solely on the basis that the motion did not demonstrate that an
			 emergency exists.
e) When any
			 motion is filed, the ALJ shall allow oral argument if this is deemed necessary
			 for a fuller understanding of the issues presented.
f) When the party moving for summary judgment
			 files supporting affidavits containing well-pleaded facts, and the opposing
			 party files no counter affidavits, the material facts set forth in the moving
			 party's affidavit are deemed admitted. Affidavits must comply with Illinois
			 Supreme Court Rule 191.
g) The ALJ
			 may grant a motion for summary judgment under this Section if the record shows
			 that:
1) There is no disputed issue as to any
			 material fact; and
2) The moving
			 party is entitled to summary decision as a matter of law.