Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-17 - Motions, applications and other written submissions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Margins and page length.
All
				written submissions shall be typewritten in clear type not less than 12-point,
				with single spaced lines of quoted matter and double spaced lines of unquoted
				matter. The margins of the printed page shall be one and one-quarter (11/4)
				inches on the left side and one (1) inch on the other three sides.
(b)
Accompanied by proposed
				order.
Motions and applications are to be accompanied by a proposed
				order.
(c)
Length.
All
				motions, applications and responses thereto, including briefs, shall not exceed
				ten (10) pages in length, excluding exhibits, without prior permission of the
				assigned administrative law judge. A request for enlargement of page length may
				accompany the written instrument filed. Reply briefs shall be limited to five
				(5) pages in length. Page limitations herein exclude only the cover, if used,
				index, appendix, signature line and accompanying information identifying
				attorneys and parties, and certificate of service. No further briefs shall be
				filed without prior permission of the assigned administrative law judge.
				Exceptions to this requirement are not favored.
(d)
When responses are due.
Unless otherwise ordered by the assigned administrative law judge, objections
				to motions or responses to written submissions are due within fifteen (15) days
				of receipt. Replies to objections or to responses to written submissions are
				due within ten (10) days of receipt. Exceptions to this requirement may be
				granted upon application and for good cause shown.
(e)
Hearings upon motions or
				applications.
The assigned administrative law judge shall decide any
				motion or application without hearing based upon the written submissions of the
				parties unless the assigned administrative law judge determines that an
				evidentiary hearing is necessary for a proper resolution of the issue(s)
				submitted.
(f)
Disposition of
				unopposed motions.
Dispositive motions that are unopposed may be deemed
				to be confessed and, where appropriate, may result in the summary disposition
				of a claim or defense as applicable.
(g)
Motions filed close to
				hearing.
Motions may not be filed within ten (10) days of hearing unless
				based upon a sudden emergency of facts that could not have been previously
				known. Copies of such motions must be hand delivered to all parties of
				record.
(h)
Motions will not
				stay discovery.
Motions to Dismiss or for Summary Judgment will not stay
				any discovery deadline unless by a written agreement of the parties that has
				been communicated to the assigned administrative law judge.
(i)
Citations of authority.
Legal citations are to be made in accordance with subsections c,d and e of Rule
				1.200 the Oklahoma Supreme Court Rules. If an unpublished case or a case cited
				by a special reporter is cited as persuasive authority a copy must be attached
				to the document citing the case.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10