<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".30" citation="COMAR 26.01.02.30" title_num="26" subtitle_num="01" chapter_num="02" heading="Pleadings, Motions, and Briefs.">
  <paragraph num="A.">
    <text>A party shall serve on all other parties a copy of all pleadings and papers filed in the case.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Motions Generally.</text>
    <paragraph num="(1)">
      <text>Any party may make a motion seeking appropriate relief before or during the hearing. If made:</text>
      <paragraph num="(a)">
        <text>Before a hearing, the motion shall:</text>
        <paragraph num="(i)">
          <text>Be in writing;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>State concisely the question to be determined;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Be filed not later than 5 days before the date of the hearing; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Be accompanied by a memorandum of points and authorities;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>In the course of a hearing, a motion may be made orally.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A reply to a written motion may be filed by any party not later than 15 days after the filing of the motion or on the date of the hearing, whichever is sooner.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A hearing may be held to consider a motion. If a hearing is held, all parties shall be given written notice. Failure of a party to attend a hearing on a motion may be grounds for a decision adverse to that nonattending party.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Decision.</text>
      <paragraph num="(a)">
        <text>The hearing examiner may grant or deny any motion or may postpone ruling on a motion until after the hearing.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If a written motion is granted or denied, the hearing examiner may issue a written decision or state the decision in the record.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If a ruling on a written motion is postponed, the ruling may be included in the hearing examiner's proposed decision.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A ruling on an oral motion made during the course of a hearing may be included in the hearing examiner's proposed decision or stated in the record.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Motion to Dismiss. Upon motion, the hearing examiner may issue a proposed decision dismissing a request for hearing, complaint, civil penalty, or an order of the Department, which fails to state a claim upon which administrative relief may be granted.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Briefs, Proposed Findings of Fact and Conclusions of Law.</text>
    <paragraph num="(1)">
      <text>A party may, and at the request of the hearing examiner shall, submit to the hearing examiner a brief on any issue of fact or law involved in the hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Proposed findings of fact and conclusions of law may be submitted by any party, unless the hearing examiner concludes that findings of fact and conclusions of law are unnecessary or inappropriate.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Written submissions shall be filed in the form, and at the time, that the hearing examiner may designate.</text>
    </paragraph>
  </paragraph>
</regulation>