(1) No motions shall be made directly to or be decided by the director subsequent to the assignment of a hearing examiner and prior to the completion and filing of the hearing examiner's proposal for decision except as provided by ARM 36.12.211 or except when the motion is certified to the director by the hearing examiner. Any party may request that a pending motion, or a motion decided adversely to that party by the hearing examiner before or during the course of the hearing be certified by the hearing examiner to the director. In deciding what motions should be certified, the hearing examiner shall consider the following:

(a) whether the motion involves a controlling question of law, which if finally determined, would materially advance the ultimate termination of the hearing; or

(b) whether certifying the motion is necessary to promote the development of the full record and avoid a remand.

(2) The director may require the parties to file briefs before ruling upon a certified motion. Certified motions shall be decided in the manner provided for in ARM 36.12.229(2) . Uncertified motions shall be ruled upon by the hearing examiner and reviewed during the final decision-making process.