24.26.212 MOTIONS

(1) All motions other than those made during a hearing shall be made in writing and submitted to the board or the board's agent. They shall briefly state the relief sought, and shall be accompanied by affidavits setting forth the grounds upon which they are based. The moving party shall serve a copy of all motions on all other parties and shall file the original with proof of service. Answering affidavits, if any, must be served on all parties and the original thereof, together with proof of service, shall be filed within five days after service of the moving papers, unless directed otherwise. The board or the board's agent may decide to hear oral argument or testimony thereon.

(2) Motions for postponements of hearing will not be granted unless good and sufficient cause is shown and the following requirements are met:

(a) The request must be in writing directed to the chair of the board if the matter is before the board or directed to the attention of the assigned hearing officer if the matter is before the Office of Administrative Hearings.

(b) The grounds for the request must be set forth in detail.

(d) The position of all parties must be ascertained in advance by the requesting party and set forth in the request.

(e) Copies of the request must be served contemporaneously on all parties, and that fact must be noted on the request.

(f) The request must be signed by the person making it.

(3) Except for good cause shown, no request for postponement will be granted on any of the three days immediately preceding the date of the hearing or conference.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 1978 MAR p. 74, Eff. 1/25/78; AMD, 1978 MAR p. 192, Eff. 2/24/78; AMD, 1979 MAR p. 1494, Eff. 11/30/79; AMD, 2010 MAR p. 2841, Eff. 12/10/10.