Section Env-WtC 205.01 - Motions and Objections Thereto(a) All motions shall be in written form unless the nature of the relief requested requires that the motion be made spontaneously in the context of an oral proceeding. Written motions shall be included in the record of the appeal proceedings. Oral motions shall be recorded in full in the minutes or on the tape of the hearing.(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) A motion shall include: (1) A statement of 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) All parties who would be adversely affected by the ruling sought in a motion shall have an opportunity to respond to the motion. For written motions, responses shall be in writing and shall be filed not later than 5 days after receipt of the motion. For oral motions, 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.(e) 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.(f) The moving party shall have the burden of persuasion on all matters raised in the motion.(g) Repetitious motions shall not be submitted and shall be considered disruptive behavior under Env-WtC 203.09(b).N.H. Code Admin. R. Env-WtC 205.01
#6652-B, eff 12-12-97, EXPIRED: 12-12-05
New. #8534, eff 12-30-05