<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".15" citation="COMAR 13B.04.01.15" title_num="13B" subtitle_num="04" chapter_num="01" heading="Motions; Postponement; Failure to Prosecute.">
  <paragraph num="A.">
    <text>Process.</text>
    <paragraph num="(1)">
      <text>Unless otherwise provided by these regulations, a party:</text>
      <paragraph num="(a)">
        <text>May move for appropriate relief before or during a hearing; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Written motions shall:</text>
      <paragraph num="(a)">
        <text>Be filed not later than 10 days before the date of a prehearing conference or not later than 20 days before the date of the hearing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>State concisely the question to be determined;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Be accompanied by all supporting documentation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Be accompanied by a memorandum of points and authorities; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Be served on each party.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A response to a written motion shall be filed on the earlier of:</text>
      <paragraph num="(a)">
        <text>10 days after service of the motion; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date of the hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Secretary or the Commission, as appropriate, may schedule a hearing to consider a written motion.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Decision.</text>
      <paragraph num="(a)">
        <text>The Secretary or the Commission, as appropriate, may reserve ruling on a motion until after the hearing.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Secretary or the Commission, as appropriate, may issue a written decision or state the decision on the record.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If a ruling on a motion is reserved, the ruling shall be in writing and may be included in the final decision.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>All parties shall be bound by the Secretary's or the Commission's ruling notwithstanding their failure to attend a hearing.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Failure of a party to attend a scheduled hearing may be grounds for a decision adverse to that party.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A ruling on a motion shall only be reviewed as part of an appeal from a proposed decision or final decision.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Motion to Dismiss. Upon motion, the Secretary or the Commission, as appropriate, may issue a proposed decision or final decision dismissing a complaint, civil penalty, an order of the Secretary or other agency action, or any request for hearing which fails to state a claim for which agency relief may be granted.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Motion for Summary Decision.</text>
    <paragraph num="(1)">
      <text>A party may move for summary decision on any substantive issue in the case.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon written motion, a proposed decision or a final decision may dismiss a request for hearing if the Secretary or the Commission, as appropriate, finds that there is no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Postponement.</text>
    <paragraph num="(1)">
      <text>The Secretary or the Commission, as appropriate, may grant a postponement only upon written motion and for good cause shown.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary or the Commission, as appropriate, may postpone or continue a hearing on its own initiative. Any postponement which would result in beginning the hearing after the date required by law shall be with the consent of all parties.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Dismissal for Lack of Prosecution.</text>
    <paragraph num="(1)">
      <text>An action is subject to dismissal for lack of prosecution at the expiration of 1 year from the date of the request for a hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If an action is subject to dismissal pursuant to this regulation, the Secretary or the Commission, as appropriate, upon its own initiative or upon the written motion of a party, shall notify all parties that an order of dismissal for lack of prosecution may be entered unless good cause is shown why the case should not be dismissed within 30 days after service of the notice.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Secretary of the Commission, as appropriate, may enter an order of dismissal either with or without prejudice.</text>
    </paragraph>
  </paragraph>
</regulation>