Section 101.502  Motions Directed to the Hearing Officer

a)         The hearing officer has the authority to rule on all motions that are not dispositive of the proceeding.  Examples of motions that hearing officers may not rule upon are motions to dismiss, motions to decide a proceeding on the merits, motions to strike any claim or defense for insufficiency or want of proof, motions claiming lack of jurisdiction, motions for consolidation, motions for summary judgment, and motions for reconsideration.  Oral motions directed to a hearing officer at a status conference will be summarized in a written hearing officer order. The duties and authorities of the hearing officer are further set out in Section 101.610 of this Part.

b)         An objection to a hearing officer ruling made at hearing or any oral motion to the Board made at hearing will be deemed waived if not filed within 14 days after the Board receives the hearing transcript.

c)         Unless otherwise ordered by the Board, neither the filing of a motion, nor any appeal to the Board of a hearing officer order will stay the proceeding or extend the time for the performance of any act.  Unless otherwise provided, all hearing officer orders will remain in effect during the pendency of any appeal to the Board.