Section 120.300  Answer and Motion

a)         Any party receiving a Notice of Hearing may file a written answer not later than 7 days after receiving the notice of hearing. All answers or motions preliminary to a hearing shall be presented to the Administrative Law Judge in accordance with Section 120.130 of this Part at least 7 days prior to the date of the hearing. Failure to file an answer shall be deemed a general denial of matters asserted and waiver of all affirmative defenses.

b)         Unless made orally on the record during a hearing, or unless the Administrative Law Judge directs otherwise, a motion shall be in writing and shall be accompanied by any affidavits or other evidence relied upon and, when appropriate, by a proposed order.  At least 2 copies of all motions shall be filed with the Administrative Law Judge, and at least one copy served on each additional party, if any, to the hearing.

c)         Within 7 days after service of a written motion or other document, or other period as the Administrative Law Judge may require, a party may file a response in support of or in opposition to the motion and if ncecessary, accompanied by affidavits or other evidence.  A party has the right to request the Administrative Law Judge for leave to file a response to a motion.

d)         No oral argument will be heard on a motion unless the Administrative Law Judge directs otherwise.  A written brief may be filed with a motion or an answer to a motion, stating the arguments and authorities relied upon.  The brief will be no longer than 15 pages in length unless prior to the filing date leave is granted to file a brief greater than 15 pages.

e)         A written motion will be disposed of by written order and on notice of all parties.

f)          The Administrative Law Judge shall rule upon all motions, except that he or she shall have no authority to dismiss or decide a hearing on the merits without granting all parties to the proceeding a right to be heard and to establish a record.

g)         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.

h)         A party may participate in the proceeding without forfeiting any jurisdictional objection, if such objection is made within 10 days after the receipt of the notice of hearing.  Any party may file a response to the objection within 10 days after service.

i)          A party has a right to file an emergency motion setting forth why an emergency exists and the Administrative Law Judge can deny the emergency motion solely on the basis that the motion did not demonstrate that an emergency exists.

(Source:  Amended at 30 Ill. Reg. 10424, effective May 24, 2006)