Skip to main content

OCAHO Practice Manual

OCAHO Practice Manual
Chapter 4 - Prehearing Procedures

4.2 - Other Motions and Requests

(a) Generally

During OCAHO proceedings, parties may request action by the CAHO or the presiding ALJ by filing a motion.

Before an ALJ is assigned to a case, parties may file a motion with the CAHO seeking action on a non-adjudicatory matter in the case.

After a case is assigned to an ALJ, and while that case is still pending before the ALJ, any application for an order or any other request must be made by motion addressed to the ALJ.

After a request for review by the CAHO is filed, any application for an order or any other request must be made by motion addressed to the CAHO.

(b) Form of Motions

Motions must be made in writing, unless the ALJ consents to accept a motion orally in the course of an oral hearing.

(c) Contents of Motions

All motions must:

  • state with particularity the grounds for the motion; and
  • set forth the relief or order sought.

(d) Responses to Motions

Whether a motion is made orally or in writing, all parties will be given a reasonable opportunity to respond or object to the motion or request.

      (1) Responses to Written Motions - A party may file a response in support of, or in opposition to, a written motion within 10 days after such motion is served.

The ALJ (or if the matter is on review before the CAHO, the CAHO) may set an alternative time period for response to a written motion.

Parties may file affidavits or other evidence upon which they wish to rely along with the response to a written motion.

      (2) Briefs and Memoranda - Parties may file written memoranda or briefs with motions or responses to motions, stating the points and authorities relied upon in support of the party’s position.

      (3) Oral Argument - No oral argument will be heard on motions, unless the ALJ (or if the matter is on review before the CAHO, the CAHO) directs otherwise.

      (4) Additional Replies and Responses - Parties may not file a reply to a response to a motion, a counter-response to a reply, or any other responsive documents related to motions unless granted permission by the ALJ, or if the matter is on review before the CAHO, the CAHO.