Section 100.8  Motions

a)         Motions, unless made during a hearing, shall be made in writing and shall set forth the relief or order sought and the legal authority for the action requested.  Except as otherwise provided in this Part or by a specific statute, motions may seek any relief or order recognized in the Illinois Code of Civil Procedure and Rules of the Illinois Supreme Court, and shall include a reference to the applicable Section of such Code or Rules.  Motions based on a matter which does not appear of record shall be supported by affidavit.

b)         Written motions shall be titled as to the party making the motion and the nature of the relief sought.  Such title shall be in capital letters and shall be placed either below the caption or to the right of the caption beneath the docket number.  No motion shall be identically titled with any other motion.  Examples of properly-titled motions:  Respondent's Motion to Dismiss, Respondent's Second Motion to Dismiss.

c)         Motions to the pleadings if not raised at the earliest opportunity shall be deemed waived. Motions to the pleadings shall not be granted if the pleadings are in conformity with Section 100.7.

d)         The administrative law judge shall not have the authority to dismiss, postpone, vacate, or overturn an Order or Notice issued by the Director, but may make a recommendation to the Director any time that circumstances merit such a recommendation.

e)         Motions for a continuance shall be granted only for good cause shown. Motions for a continuance shall be in writing and filed at least 5 working days prior to the hearing.  Motions for a continuance shall be made immediately when the party learns that a continuance is needed and statements as to when the party learned that a continuance was needed, steps that were taken to avoid the continuance, and the current reasons the continuance is needed shall be contained in the motion.  After one continuance has been granted to a party additional continuances may be granted to that party only if:

1)         a hearing on the issue of whether or not to grant the continuance has been held and the administrative law judge finds that the moving party has presented sufficient evidence showing entitlement to another continuance, or

2)         there is an emergency, or

3)         all parties so stipulate.

f)          Whenever possible, as much of the hearing as possible shall be completed and only those matters that must be continued shall be continued.

g)         If there is an unforeseen emergency, motions for a continuance may be made by telephone rather than in writing.  Motions by telephone shall be made through a conference call involving the administrative law judge and all parties and shall be confirmed within 3 business days by the filing of a written motion.

h)         Responses shall be in writing unless made at a prehearing conference or a hearing.

i)          On motion made by any party, the administrative law judge who is the subject of such motion shall determine whether he or she should be disqualified on the basis of bias or conflict of interest, and shall remove himself or herself if a determination is made that bias or a conflict of interest exists. If the motion is granted, the Director shall appoint a new administrative law judge. An adverse ruling, in and of itself, shall not constitute bias or conflict of interest. (Section 10-30 of the IAPA)

j)          Demands for a Bill of Particulars shall not be allowed.

(Source:  Amended at 21 Ill. Reg. 3208, effective March 3, 1997)