Current through Register No. 45, November 7, 2024
Section Int 209.04 - Motions and Objections(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.(b) All 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.(c) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.(d) Objections to written motions shall be filed within 10 days of the date of the motion.(e) 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.(f) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.(g) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.N.H. Admin. Code § Int 209.04
#10040-A, eff 12-16-11 (from Int 210.10); ss by #10359, eff 6-14-13