Section Ec-Air 203.09 - Motions and Objections(a) Unless made orally on the record as part of a proceeding before the council or presiding officer, written motions shall be in the form of a filing compliant with Ec-Air 203.04. A party filing a motion or objection under this section shall submit an original and one copy.(b) A motion shall: (1) Include a clear and concise statement of the specific relief or ruling requested;(2) Include a clear and concise statement of the facts and law that support the motion; and(3) For written motions, be submitted no later than 30 days prior to the hearing on the merits of the appeal.(c) Any party filing a motion other than a dispositive motion shall certify that a good faith attempt was made to obtain concurrence in the relief sought. If the moving party has obtained concurrence, a statement of concurrence shall be included in the body of the motion and the motion shall contain the words "assented-to" in its title.(d) Any party who would be adversely affected by a ruling on the motion shall have an opportunity to object to the motion. The lack of any objection shall not, in and of itself, constitute grounds for granting the motion.(e) An objection shall: (1) Include a clear and concise statement of the reasons the motion should be denied;(2) Include a clear and concise statement of the facts and law that support denial of the motion;(3) For written motions, be submitted in the form of a filing compliant with Ec-Air 203.04 no later than 10 days after the filing date of the motion; and(4) For oral motions, be made orally during the proceeding at which the oral motion was made.(f) After the opportunity to object pursuant to paragraph (d) above, the presiding officer shall:(1) Rule on the motion, if he determines that no material facts are in dispute and there is adequate information upon which to base a ruling as a matter of law;(2) Request from the parties such additional information as is necessary to rule on the motion, to be filed within such time as is reasonable and necessary for the accurate and speedy resolution of the motion; or(3) Deny the motion if ruling on the motion would require the resolution of a material factual dispute.N.H. Admin. Code § Ec-Air 203.09
Derived from Number 23, Filed June 8, 2023, Proposed by #13642, Effective 5/23/2023 (See Revision Note at chapter heading for Ec-Air 200).