Section Env-C 204.17 - Motions(a) Motions shall be in writing, unless made in response to a matter asserted for the first time at an oral adjudicative hearing or on the basis of information which was not received in time to prepare a written motion prior to the oral adjudicative hearing at which the motion is presented.(b) Prior to filing a written motion, the participant filing the motion shall seek concurrence with the relief requested in the motion from the other participant(s), provided however that if the motion would result in a ruling that is adverse to another participant's interests, the moving participant shall not be required to seek concurrence from that participant.(c) All motions shall:(1) Contain a clear and concise statement of the facts and law that support the motion;(2) State the specific relief or ruling requested;(3) State whether the other participants concur with the motion; and(4) Be signed as required by Env-C 204.08.(d) Any participant who did not concur with the motion in advance who wishes to respond to a written motion shall file the response no later than 7 days after the motion was filed.(e) Motions made orally at an oral adjudicative hearing shall be recorded in full on the record of the hearing. Subject to (f), below, responses to oral motions shall be made orally during the hearing at which the motion is made.(f) If the presiding officer finds that a motion made orally at an oral adjudicative hearing requires additional information in order to be fully and fairly considered, the presiding officer shall direct the participant who made the motion to submit the motion in writing, with supporting information, within 3 state business days of the date of the oral motion. If other participants in the proceeding wish to respond to the motion, the response(s) shall be filed no later than 7 days after the written motion is filed.(g) The presiding officer shall rule upon a motion after full consideration of all factors relevant to the motion.N.H. Code Admin. R. Env-C 204.17
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07