Section 2.64.270. Motions.

	(a)  A party may, by motion, request a ruling or order from the administrative law judge on a procedural, evidentiary, or legal issue. A motion may be made in writing, if served on the other parties, or orally, if on the record, during a hearing or a prehearing conference. A non-moving party may respond to a motion. Within 15 days after service of the motion, and except as provided in (b) of this section or in an order of the administrative law judge, a party's response to a written motion must be filed with the administrative law judge and served on the other parties. A response to an oral motion must be made in the time and manner that the administrative law judge prescribes. The party who made the motion may not reply to a response unless the administrative law judge orders a reply.  
	(b)  A party may file a motion to dispose of an administrative hearing without an evidentiary hearing, including a motion  
		(1) for summary adjudication under 2 AAC 64.250;  
		(2) to dismiss an administrative hearing for grounds allowed by law;  
		(3)  to remand a case to the agency whose decision was contested; or  
		(4) for voluntary dismissal under 2 AAC 64.230.  
	(c)  If a party fails to oppose a motion within the time set for the response, the motion is ripe for decision, and the administrative law judge may issue an order based on the applicable law and  the existing record.  

Authorities

44.64.020;44.64.040;44.64.060

Notes

Reference

2 AAC 64.230
2 AAC 64.250
2 AAC 64.340

Authority

AS 44.64.020 AS 44.64.040 AS 44.64.060

History

Eff. 7/2/2006, Register 178