Rule Text
A. At any time before the deadline set for such motions by the presiding officer, the parties may file pre-hearing motions.
B. The presiding officer shall decide all pre-hearing motions except motions that seek determination of a factual issue, motions that seek to amend or dismiss, in whole or in part, the charges of a notice of formal proceedings, or motions appealing any order of a presiding officer, which motions shall be decided by the Commission.
C. No motions for summary judgment shall be filed in proceedings before the Commission.
Amendment history: Approved, effective December 6, 1968; as amended, effective March 1, 1979; August 31, 1984; September 29, 1989; July 1, 1999; as amended, effective May 1, 2010; as amended, effective March 1, 2019; as amended, effective December 4, 2023.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Before a hearing takes place, either side in the case can file motions asking the presiding officer to make certain decisions. There's a deadline for these motions, and that deadline is set by the presiding officer handling the case.
Most of these motions get decided by the presiding officer directly. However, some motions are too important for one person to decide alone. These include motions asking to settle a factual dispute, motions asking to change or throw out part or all of the formal charges, and motions that challenge a decision the presiding officer already made. These bigger motions go to the full Commission for a decision instead.
One more thing to know: nobody can file a motion for summary judgment in these cases. That means a side can't ask to win the case early without a hearing, just based on paperwork. The case has to go through the normal hearing process.
