SECTION 460:2-1-15. Advancement of proceedings

(a)   Except in expedited review proceedings under 460:2-11-1, or in temporary relief proceedings under 460:2-17-7, at any time after commencement of a proceeding, any party may move to advance the scheduling of a proceeding.

(b)   Except as otherwise directed by the hearing examiner or the Director, any party filing a motion under this section shall:

(1)   Make the motion in writing;

(2)   Describe the exigent circumstances justifying the advancement;

(3)   Describe the irreparable harm that would result if the motion is not granted;

(4)   Incorporate in the motion affidavits to support any representations of fact.

(c)   Service of a motion under this section shall be accomplished by personal delivery or by telephonic or telegraphic communication followed by mail. Service is completed upon mailing.

(d)   Unless otherwise directed by the hearing examiner or the Director, all parties to the proceedings in which the motion is filed shall have 10 days from the date of service of the motion to file a statement in response to the motion.

(e)   Following the timely receipt by the hearing examiner of statements in response to the motion, the hearing examiner may schedule a hearing regarding the motion. If the motion is granted, the hearing examiner may advance pleading schedules, prehearing conferences, and the hearing, as deemed appropriate; provided, a hearing on the merits shall not be scheduled with less than five working days notice to the parties consent to an earlier hearing.

(f)   If the motion is granted, the Director may, if he deems such action to be appropriate, advance the appeal on its calendar and order such other advancement as may be appropriate, including an abbreviated schedule for briefing or oral argument.