Section 75.08. Motions relative to a hearing.

  Motions shall be filed in writing within 5 working days prior to a scheduled hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support of a motion shall be filed with the motion and the hearing officer. Motions relative to a hearing may include any of the following:

(1)   Motion to extend time limits. A motion to extend any time limit, including the 60-day time limit for holding a hearing.

(2)   Motion to dismiss a hearing request for lack of subject matter jurisdiction. A motion to dismiss a hearing request on the grounds that the department does not have subject matter jurisdiction may be filed at any time.

(3)   Motion to amend a hearing request. A motion to expand or restrict the nature or scope of the hearing.

(4)   Motion to withdraw a hearing request. An applicant or eligible individual, or the representative of the applicant or eligible individual, may withdraw from the appeal process at any time.

(5)   Motion for a substitute hearing officer. Either party may file a motion for a substitute hearing officer for reasons of conflict of interest, bias, or qualifications.

Cr. Register, December, 1996, No. 492 , eff. 1-1-97; CR 15-055 : am. Register May 2016 No. 725 , eff. 6-1-16.