Section Env-WC 203.13 - Motions and Objections Thereto(a) Any participant may file a written motion or make an oral motion in accordance with this section.(b) Prior to filing a written motion, the participant shall seek concurrence with the relief requested in the motion from all other participants in the appeal, provided however that if the motion would result in a ruling that is adverse to another participant's interests, the moving participant does not need 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 in the appeal agree or disagree with the motion or did not respond to the request for concurrence; and(4) If filed in writing, be signed as required by Env-WC 202.07.(d) The participant who makes the motion shall have the burden of persuasion on all matters raised in the motion and the overall burden of persuading the council to grant the motion.(e) If the need for a motion does not become apparent until after the hearing has started, a participant may make an oral motion. An oral motion shall be recorded in full on the tape recording of the hearing.(f) All participants who would be adversely affected by the ruling sought in a motion shall have an opportunity to respond to the motion. For a written motion, responses shall be in writing and shall be filed no later than 5 days after receipt of the motion. For an oral motion, responses shall be made during the hearing at which the oral motion was made unless the presiding officer determines, based on the nature of the motion, that it is appropriate to grant additional time to prepare a response to the motion.(g) An objection to the motion shall clearly and concisely state:(1) The action which the party filing the objection wants the council to take on the motion; and(2) Any facts and law relied upon in opposition to the motion.(h) Repetitious motions shall not be submitted.N.H. Code Admin. R. Env-WC 203.13
(See Revision Note at chapter heading Env-WC 200) #5469, eff 9-17-92, EXPIRED: 9-17-98
New. #6860, INTERIM, eff 10-1-98, EXPIRED: 1-29-99
New. #7011, eff 6-9-99; ss by #8892, INTERIM, eff 6-9-07, EXPIRES: 12-6-07; ss by #8977-A, eff 9-14-07