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  1. #1
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Administrative Hearing Officer Refused to Rule on Motion to Dismiss

    Here's one for ya....had a hearing on 24th. Last month, on 27th, I filed a motion to dismiss 2 of 3 parties for lack of standing or jurisdiction.

    On 24th, at the start of the hearing I noted that I filed a motion to dismiss and its still pending and that it needs a ruling prior to continuing on with the day's testimony. Nope...hearing officer just said that she would consider it and tabled it for another unknown date for a ruling. The hearing continued on with several gov't parties in a simple administrative case.

    I filed a request or motion to compel a ruling on the motion to dismiss and to strike the entire day's testimony today, the 26th (2 days after the hearing date)...included these federal cases and other state specific rulings in a memo supporting the request:

    Once jurisdiction is challenged, it must be proven." (Jagens v. Lavine, 415 S.Ct.768). "Jurisdiction can be challenged at any time, even on final determination." (Basso v. Utah Power & Light Co., 495 2nd 906 at 910). "Where there is an absence of jurisdiction, all administrative and judicial proceedings are a nullity and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack." (Thompson v. Tolmie, 2 Pet. 157, 7 L.Ed. 382; Griffith v. Frazier, 8 Cr. 9, 3L. Ed. 471).


    So my question is:
    How long do I have to wait to consider the request for a ruling on the motion to dismiss? During the 24th's hearing the gov't lawyers just said "we'll leave it up to the discretion of the court as to our party status" and that's it -- no written pleadings, no facts supporting their party status.

    And after how much time is it considered to be effectively denied? If not already since the HO continued with testimonial proceedings after "tabling" the motion to dismiss.

    State: CT

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,614

    Default Re: Administrative Hearing Officer Refused to Rule on Motion to Dismiss

    Quote Quoting davidmcbeth3
    View Post
    How long do I have to wait to consider the request for a ruling on the motion to dismiss?
    You have to wait until the ALJ issues a ruling.
    Quote Quoting davidmcbeth3
    And after how much time is it considered to be effectively denied?
    If the case is completed and the court issues a final ruling without addressing jurisdiction, that would appear to be an implicit denial of the motion (but it could be an oversight).

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