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Title 3 . Commerce, Community, and Economic Development
Chapter 48 . Telecommunications
Section 91. Motions

3 AAC 48.091. Motions

(a) A motion or related filing must comply with the filing, service, and general pleading requirements of 3 AAC 48.090 and 3 AAC 48.100.

(b) With a motion, the movant shall file

(1) a legible copy of each photograph, affidavit, and other documentary evidence that the movant intends to submit in support of the motion;

(2) a brief, complete written statement of the reasons in support of the motion that must include a memorandum of the points and authorities upon which the movant will rely; and

(3) a proposed order for the commission's consideration in ruling on the motion if the motion requests a ruling on a procedural issue.

(c) Unless otherwise ordered by the commission, or otherwise stipulated to by the parties with commission approval, a party opposing or supporting a motion shall, within 10 days after service of the motion upon that party, file

(1) a legible copy of each photograph, affidavit, and other documentary evidence upon which the party intends to rely; and

(2) a brief, complete written statement of the reasons in opposition to or in support of the motion that must include an adequate answering memorandum of points and authorities.

(d) Notwithstanding the time specified in (c) of this section, the time for filings related to a motion to dismiss, a motion for summary disposition, or any other dispositive motion is 15 days.

(e) The movant may file reply, supplemental material, and memorandum, if any, within three business days after the date of service of the opposition to or support for the motion. These filings are subject to the requirements of (b)(1) and (2) of this section.

(f) The commission will not consider a written motion before an opposing party has a reasonable opportunity to respond, unless it clearly appears from the specific facts in the motion or commission records that immediate and irreparable injury, loss, or damage would result to the moving party before any reasonable opportunity to respond could be given.

(g) In a separate motion, a party may move for expedited consideration of its principal motion by requesting relief in less time than would normally be required for the commission to issue a decision. The motion must

(1) be captioned "Motion for Expedited Consideration" and must have an appropriate proposed order on the issue of expedited consideration attached;

(2) comply with other applicable provisions of this section;

(3) include an affidavit or other evidence showing the facts that justify expedited consideration and the date by which a decision on the principal motion is needed; and

(4) if the motion requests a decision before the usual time for response to the motion, include a certificate indicating when and how the opposing party was served with the motion, or, if the opposing party was not notified, what efforts were made to notify the opposing party and why it was not practical to notify the opposing party in a manner and at a time that a response could be made; in the certificate, the movant shall indicate the position of the other parties on the request for expedited consideration if that position is known by the movant.

(h) The commission will not rule on a motion for expedited consideration before the opposing party is allowed a reasonable opportunity to respond, without compelling reasons for an expedited decision and a showing by the movant of reasonable efforts to timely notify the opposing party.

(i) A stipulation between parties may be submitted in support of a motion but is not binding on the commission.

(j) The filing of a frivolous or unnecessary motion or frivolous or unnecessary response to a motion that unduly delays the course of the proceeding, or the filing of any motion to dismiss or motion to strike for the purpose of delay if no reasonable ground appears for the filing, will subject the person filing that pleading to imposition of sanctions set out in 3 AAC 48.155(c) and 3 AAC 48.170.

(k) If additional pertinent authority comes to the attention of a party after the party's memorandum required in (b)(2) and (c)(2) of this section has been filed but before a decision has been issued on the motion, the party shall promptly file notice of additional pertinent authority with the commission and all parties. In its filing, the party shall refer to the page of the memorandum to which the authority pertains, but the filing may not contain argument or explanations. The other party may file a response. Any response must be made promptly and is limited in the same manner as described in this subsection.

( l ) If a dispute arises regarding discovery in a proceeding in which the commission has not issued an order establishing discovery procedures, a party may file a motion under this section requesting appropriate relief concerning the discovery dispute.

History: Eff. 4/13/2000, Register 154

Authority: AS 42.04.080

AS 42.05.141

AS 42.05.151

AS 42.06.140

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Last modified 7/05/2006