N.H. Admin. Code § Agr 204.18

Current through Register No. 45, November 7, 2024
Section Agr 204.18 - Motions and Objections
(a) Unless presented during a hearing, all motions and objections thereto shall be in writing.
(b) All motions shall state clearly and concisely:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders or other authority authorizing relief sought by the motion; and
(4) The facts claimed to constitute grounds for the relief requested by the motion.
(c) Objections to motions shall state clearly and concisely:
(1) The defense of the party filing the objection;
(2) The action which the party filing the objection wishes the department to take on the motion;
(3) The statutes, rules, orders or other authority relied upon in defense of the objection; and
(4) Any facts which are additional to or different from the facts stated in the motion.
(d) An objection to a motion shall specifically admit or deny each fact contained in the motion.
(e) Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion.
(f) In the event a party filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.
(g) Motions shall be decided upon the writings submitted.
(h) Objections to motions shall be submitted to the hearings officer within 10 days after the receipt of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

N.H. Admin. Code § Agr 204.18

#6299, eff 7-25-96, EXPIRED: 7-25-04

New. #8309-A, eff 3-24-05