Rule 10.  Determination of Motions.

A.        Any motion involving a contested issue of law shall be supported by a recitation of legal authority.  References to agency rules shall include the appropriate Colorado Code of Regulations citation.  References to any superceded rules shall be accompanied by a copy of such rules.  A responding party shall have 10 days from service or such lesser or greater time as the administrative law judge may allow in which to file and serve a responsive brief.  Reply briefs will be permitted only upon order of the administrative law judge.  If so ordered, the reply brief must be filed within 5 days of the order of the administrative law judge.

B.        If facts not appearing of record before the administrative law judge may are to be considered in disposition of the motion, the parties may file affidavits at the time of filing the motion or responsive or reply brief.  Copies of such affidavits and any documentary evidence used in connection with the motion shall be served on all other parties.

C.        If the moving party fails to incorporate legal authority into the motion and fails to file a separate brief with the motion, the administrative law judge may deem the motion abandoned and may enter an order denying the motion.  Failure of the responding party to file a responsive brief may be considered a confession of the motion.

D.        If possible, motions will be determined upon the written motion and briefs submitted.  The administrative law judge may order oral argument or evidentiary hearing on the administrative law judge¿s own motion or on request of a party.  If any party fails to appear at an oral argument or hearing without prior showing of good cause for non-appearance, the administrative law judge may proceed to hear and rule on the motion.

E.        An expedited hearing on any motion may be held at the instance of the administrative law judge.  If any party requests that a motion be determined immediately with or without a hearing, or that a hearing be held on a motion in advance of a previously set motions date, that party shall:

1.         Inform the administrative law judge in writing of said request.

2.            Contact all other parties, determine their position on the motion, and indicate on the face of the motion whether other parties oppose the motion and whether they will request a hearing on the motion.

3.         If a hearing is desired by any party and authorized by the administrative law judge the moving party, upon advance notice to the administrative law judge or the docket clerk, shall notice in all other parties to set the matter directly with the administrative law judge on an expedited basis.

F.            Parties shall comply with C.R.C.P. 12 unless otherwise ordered by the administrative law judge for good cause shown.