(1) CPLR 2103 governs service of papers except that papers may be served by a party and service upon respondent’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) Any required filing or proof of service must be filed with the Office of Hearings and Mediation Services.

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

(1) The rules of 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 must be part of the record. Motions and requests made prior to the hearing must be in writing. All motion papers must 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 hearing, motions may be made orally except where otherwise directed by the ALJ. If no ALJ has been assigned to the proceeding, the motion must be filed by personal delivery or first class mail with the Chief ALJ.

(2) Every motion must clearly state the relief requested, and the legal arguments and any facts upon which the motion is based. The motion must also include other supporting materials upon 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 will be allowed without permission of the ALJ. All responsive papers must 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 must rule on all pending motions prior to the completion of testimony. Any motions not ruled upon at that time will 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 Chief ALJ may take any action which an ALJ is authorized to take.

(2) The Chief ALJ may establish a schedule for hearing pretrial motions and other matters for proceedings that have no assigned ALJ.

(1)

(2) Upon being granted permission to appeal, appellant must 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.