(1)Except for motions under section (2) of this rule, unless otherwise agreed among the parties and the Administrative Law Judge, pre or post hearing motions shall be filed in writing and copies shall be simultaneously served on all parties or their attorneys.
(2)A party may file a motion for clarification of the issues raised and relief requested by any party in a specification of issues under OAR 438-006-0031 (Specification of Issues) or a response under 438-006-0036 (Response).
(3)A motion under section (2) of this rule shall be denied, unless the moving party files a certificate verifying a good faith effort to confer in an attempt to clarify the issues raised and relief requested.
(4)In resolving a motion for clarification under section (2) of this rule, the Administrative Law Judge shall consider the Board’s policy described in OAR 438-005-0035 (Board Policy).
(5)Failure of a party to reasonably respond to a clarification request may be grounds for a postponement under OAR 438-006-0081 (Postponement of Hearings) or a continuance under OAR 438-006-0091 (Continuances).
(6)Unless otherwise ordered by the Administrative Law Judge, ten days after filing shall be allowed for written response to a motion.
Rule 438-006-0045 — Motions, Arguments,