§ 5.70.080. Motions.

A.

Any motions made prior to the public hearing shall be submitted in writing to the hearing panel or hearing examiner. Motions at hearing may be made orally or in writing.

B.

All motions shall contain a brief, complete statement of the basis for the motion and legal authorities upon which the moving party relies.

C.

Parties may not file dispositive motions, such as motions to dismiss, motions for summary judgment, motions for failure to state a claim, or motions for judgment on the pleadings, except parties may file motions for lack of jurisdiction. The hearing panel or hearing examiner shall permit prehearing briefs in all cases and allow posthearing briefs only for good cause shown or by stipulation of the parties.

D.

An opposing party may file a written opposition to a motion within ten days after being served with the motion, unless otherwise agreed by the parties.

E.

The moving party may file a reply to an opposition to a motion within three days after being served with the opposition, unless otherwise agreed by the parties.

F.

A motion shall be decided without oral argument unless otherwise ordered by the hearing panel or hearing examiner.

G.

A motion shall be decided by the hearing panel or hearing examiner in writing.

H.

The hearing panel will not review hearing orders of the examiner until the examiner submits a recommended decision under Anchorage Municipal Code subsection 5.70.140B.1.

(AR No. 92-223(S); AO No. 2002-163, § 20, 1-7-03)

Note— Formerly AMCR 5.60.007. See the Code Comparative Table.