R305-7-213. Procedures for Determination on the Merits

  (1) Requirements for briefs on the merits in a special adjudicative proceeding are as follows:

  (a) The schedule and page limits specified in Section 19-1-301.5(8)(a) shall apply except as otherwise stipulated by the parties and ordered by the ALJ in accordance with R305-7-208;

  (b) Any page incorporated by reference from the administrative or adjudicative record shall count toward a page limitation;

  (c) The table of contents, table of citations, and any addendum containing statutes, rules, regulations or portions of the administrative record cited do not count toward the page limitation;

  (d) All statements of fact shall be supported by references to the pages in the administrative record in which the evidence is identified;

  (e) Matters addressed in the petition but not in the opening brief shall be waived;

  (f) Matters not addressed in the petition may not be raised in the opening brief.

  (2) A reply or a surreply brief may not raise any issue that was not raised in the responsive brief or the reply, respectively.

  (3) Briefs must be concise, presented with accuracy, logically arranged with proper headings and free from burdensome, irrelevant, or immaterial matters. A brief not meeting these criteria may fail to meet that party's burden of persuasion.

  (4) In cases involving more than one petitioner or respondent, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.

  (5) The ALJ shall provide an opportunity for oral argument, which shall be a hearing of record under R305-7-107(4).

  (6) The parties may submit comments on the ALJ's recommended decision to the Executive Director. Comments shall not exceed 15 pages, and shall be submitted within ten business days of the service of the recommended decision. A party may file a response to another party's comments, not to exceed five pages, within five business days of the date of the service of the comments.