(1) CPLR 2103 governs service of papers except that papers may be served by a party and service upon the party's duly authorized representative may be made by the same means as provided for service upon an attorney. Notwithstanding any other rule to the contrary, service may be made by transmission of papers by electronic transmission, such as email or facsimile, if agreed to in advance by the parties or authorized by the ALJ.

(2) Proof of service shall be made in the same manner as under the CPLR. Any required filing or proof of service shall be filed with the ALJ.

(3) When service of papers by electronic transmission, such as facsimile or email, is agreed to in advance by the parties or authorized by the ALJ, the parties shall simultaneously send a copy of the papers transmitted electronically to the recipient by first class mail.

(1) The rules of New York State General Construction Law sections 20 and 25-a govern the computation of time limits.

(2) If a period of time prescribed under this Part is measured from the date of service of a paper or the date of the issuance of a ruling, decision or other communication instead of the date of service.

(1) Motions and requests made at any time are part of the record. Motions and requests prior to any hearing shall be in writing. All motion papers shall be filed by personal delivery or first-class mail with the ALJ, together with proof of service of the motion on all parties. In addition to filing by personal delivery or mail, an ALJ may authorize the parties to file additional copies of motions by electronic means. During the course of the adjudicatory hearing, motions may be made orally except where otherwise directed by the ALJ. If no ALJ has been assigned to the proceeding, the motion shall be filed by personal delivery or first-class mail with the deputy executive director of the office.

(2) Every motion shall clearly state the relief requested, and the legal arguments and any facts on which the motion is based.

(3) All parties have five days after a motion is served to serve a response. Thereafter no further responsive papers shall be allowed without permission of the ALJ. All responsive papers shall be filed by personal delivery or first-class mail with the ALJ, together with proof of service on all parties. An ALJ may authorize the parties to file additional copies of the responsive papers by electronic means.

(4) The ALJ should rule on a motion within five days after a response has been served or the time to serve a response has expired. The ALJ shall rule on all pending motions prior to the close of any adjudicatory hearing. Any motion not ruled upon prior to the close of an adjudicatory hearing shall be deemed denied.

(5) Where a standard of review applicable to a motion or request is not otherwise provided for in this Part, other sources of standards, including statutory law such as SAPA and the CPLR, case law, and administrative precedent, may be consulted.

(1) Prior to the appointment of an ALJ to hear a particular proceeding, the executive director of the office may take any action which an ALJ is authorized to take.

(2) The executive director of the office may establish a schedule for hearing pretrial motions and other matters for proceedings that have no assigned ALJ.

(1) Expedited appeals pursuant to section 900-8.7(d)(2)(i) of this Subpart shall be filed with the executive director and ALJ in writing within five days of the date of the disputed ruling. All parties have five days after a notice of expedited appeal is served to serve a response to the appeal. Only the executive director shall determine whether further responsive pleadings after the responses will be allowed. The parties shall file one original and three copies of any papers filed pursuant to this paragraph.

(2) Motions for permission to appeal pursuant to section 900-8.7(d)(2)(ii) of this Subpart shall be filed with the executive director and ALJ in writing within five days of the date of the disputed ruling. All parties have five days after a motion for permission to appeal is served to serve a response to the motion. The parties shall file one original and three copies of any papers filed pursuant to this paragraph.

(3) Upon being granted permission to appeal, appellant shall file and serve the appeal in writing within five days of permission being granted. Thereafter the other parties may file a response in support of or in opposition to the appeal within five days of service of the appeal.