California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.10 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any motion,
						including any request for action by the hearing officer relating to any
						proceeding pending before him or her filed by any party, except those made
						orally on the record at the hearing, shall be in writing and shall be directed
						to the hearing officer, with written notice and proof of service to all
						parties. The caption of each motion shall contain the title and docket number
						of the proceeding and a clear and plain statement of the relief sought,
						together with the grounds therefore.
(b) Except as otherwise provided by statute
						or these regulations, or as ordered by the hearing officer, a motion shall be
						made and filed at least 15 days before the date set for the motion to be heard
						or the commencement of the hearing on the merits. Any response to the motion
						shall be filed and served no later than five days before the motion is
						scheduled to be heard or as ordered by the hearing officer.
(c) The hearing office shall set the time and
						place for the hearing of the motion. The hearing shall occur as soon as
						practicable.
(d) Except as
						otherwise provided by statute or these regulations, the hearing officer may
						decide a motion filed pursuant to this section without oral argument. Any party
						may request oral argument at the time of the filing of the motion or the
						response. If the hearing officer orders oral argument the party requesting oral
						argument, or any party directed to do so by the hearing officer, shall serve
						written notice on all parties of the date, time and place of the oral argument.
						The hearing officer may direct that oral argument be made by telephone
						conference call or other electronic means. These proceedings shall be
						recorded.
(e) The hearing officer
						shall issue a written order deciding any motion, unless the motion is made
						during the course of the hearing on the merits while on the record. The hearing
						officer may request that the prevailing party prepare a proposed
						order.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former subarticle 3 to
						  subarticle 5, renumbering of former section
						  60075.10 to section
						  60075.17 and new section
						  60075.10 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of NOTE filed 9-4-2003;
						  operative 10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6(m),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code.