N.H. Code Admin. R. Env-WMC 204.15

Current through Register No. 25, June 20, 2024
Section Env-WMC 204.15 - Motions
(a) Any party may file a written motion or make an oral motion in accordance with this section.
(b) Prior to filing a written motion, the party shall seek concurrence with the relief requested in the motion from all other parties to the appeal, provided however that if the motion would result in a ruling that is adverse to another party's interests, the moving party shall not be required to seek concurrence from that party.
(c) The motion shall contain:
(1) The specific relief or ruling being requested;
(2) A clear and concise statement of the facts and law which support the motion; and
(3) A statement that the other parties to the appeal agree or disagree with the motion or did not respond to the request for concurrence.
(d) The moving party shall have the burden of persuasion on all matters raised in the motion.
(e) If the need for a motion does not become apparent until after the hearing has started, a party may make an oral motion. An oral motion shall be recorded in full on the tape recording of the hearing.
(f) All parties 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 anoral 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.

N.H. Code Admin. R. Env-WMC 204.15

#8031, eff 1-24-04