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Motions or Applications Generally: |
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Motions or applications may be
made at any time during the course of a proceeding. Any motion or
application made prior to a public hearing must be made in writing.
Motions or applications made orally during a hearing must, if the
Board requires, also be filed in writing. Motions or applications
must clearly state the relief sought, the grounds therefor, whether
the motion or application is opposed, and if so, by whom. All motions
or applications, not specifically acted upon shall be deemed disposed
of consistent with the recommended decision of the Board. |
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Responses to Motions or Applications: |
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(a) In the case of motion or applications
made ten or more days prior to a public hearing, parties wishing
to respond must respond in writing within ten days of service of
the motions or application or before the hearing commences, whichever
occurs first. On motions or applications made subsequent to a hearing,
parties wishing to respond must respond in writing within ten days
of service of the motion or application. On motions or applications
ma de within ten days of or during a hearing, the Board or Utility
Franchise Office shall make responses within such time as directed.
Failure to make a timely response shall be deemed a waiver of the
right to respond. |
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(b) Notwithstanding the foregoing,
parties wishing to respond to motions or applications pertaining
to discovery requests or the answers thereto, including but not
limited to motions or applications to compel or for sanctions and
requests for confidentiality must respond to the motion or application
within five (5) days of service of the motion or application unless
the board or Utility Franchise Office directs otherwise. |
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Opposed and Unopposed Motions or Applications: |
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(a) The movant shall make a good
faith effort to determine whether the Utility Franchise Office will
oppose a contemplated motion or application. |
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(b) If a motion or application
will not be opposed, the movant shall so state in the motion or
application, and shall accompany the motion or application with
a proposed order. An authorized representative of the Utility Franchise
Office must sign the proposed order unless the motion or application
seeks an extension of time or a continuance or is similarly directed
to the discretion of the Board or Utility Franchise Office in procedural
matters. |
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(c) Opposed motions or applications
shall state affirmatively that concurrence of the Utility Franchise
Office has been requested and denied or shall state why no request
for concurrence was made. Proposed orders need not be submitted
with opposed motions or applications. |
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