Section 130.1110  Motions

a)         Motions shall be made in writing, unless otherwise allowed by the Hearing Officer during the course of a hearing. Written motions shall be limited to the following:

1)         To request a Hearing Officer's recommendation for dismissal of a Notice of Hearing for failure to state facts which, if true, would form a sufficient basis for the issuance of an Order or other sanctions;

2)         To request sanctions in accordance with Section 130.1130 of this Part;

3)         To request dismissal of a Notice of Hearing where the Securities Department's case has been concluded without sufficient evidence having been presented to form a basis for the issuance of an Order or other sanction;

4)         To request a continuance, or extension of time, upon good cause shown in accordance with Section 130.1111(a) of this Part;

5)         To request that a Hearing Officer be disqualified from the hearing, for prejudice;

6)         To request that an Order of the Hearing Officer entered prior to the conclusion of a hearing be vacated or modified;

7)         To request separation of cases joined by the Securities Department;

8)         To request consolidation of cases or parties;

9)         To request an Order limiting a request for discovery;

10)         To request that a Hearing Officer be disqualified from conducting, or continuing to conduct, an assigned hearing pursuant to Section 130.1132 of this Part.

b)         When any motion is filed, the Hearing Officer may allow oral or written argument or both if this is deemed necessary to a fuller understanding of the issues presented.  Where facts are alleged as a basis for the request which are not a part of the record in the case, an affidavit shall be attached to the motion setting forth such facts.

(Source:  Amended at 22 Ill. Reg. 1933, effective January 1, 1998)