N.H. Admin. Code § He-Hea 207.02

Current through Register No. 2, January 9, 2025
Section He-Hea 207.02 - Motions and Objections Thereto
(a) Motions and objections shall be in writing and conform to the requirements of He-Hea 206.01 unless the nature of the relief requested requires oral presentation upon short notice.
(b) Motions shall state clearly and concisely:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion; and
(4) The facts claimed to constitute grounds for the relief requested by the motion affirmed by the moving party in accordance with He-Hea 206.01(e).
(c) Objections to motions shall state clearly and concisely:
(1) The defense of the party filing the objection;
(2) The action which the party filing the objection wishes the board to take on the motion;
(3) The statutes, rules, orders or other authority relied upon in defense of the motion; and
(4) Any facts which are additional to or different from the facts stated in the motion affirmed by the objecting party in accordance with He-Hea 206.01(e).
(d) An objection shall specifically admit or deny each fact contained in the motion affirmed by the moving party in accordance with He-Hea 206.01(e). The board shall consider any fact in the motion that is not denied in the objection as being uncontested.
(e) Motions shall be decided upon the writings submitted or, if the board determines that a hearing will assist in the resolution of factual disputes and will promote the purposes of these rules, after a hearing at which testimonial evidence may be presented.
(f) Objections to motions shall be filed with the board within 10 days of the filing of a motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion. The board shall not be bound by any such waiver.

N.H. Admin. Code § He-Hea 207.02

#5593, eff 3-10-93, EXPIRED: 3-10-99

New. #6976, INTERIM, eff 4-15-99, EXPIRED: 8-13-99

New. #7139, eff 11-23-99, EXPIRED: 11-23-07

New. #9075-A, eff 1-24-08