Section Pdab 202.06 - Motions and Response Thereto(a) Unless presented during an oral session of a proceeding, motions and all replies thereto shall be in written form and filed with the board, unless made in response to a matter asserted for the first time at the proceeding or on the basis of information which was not received in time to prepare a written motion.(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the proceeding. If the board finds that the motion requires additional information in order to be fully and fairly considered, the board shall direct the moving party to submit the motion in writing, with supporting information, before any deadline established by the board.(c) All motions shall state: (1) The purpose of the motion;(2) The relief sought by the motion;(3) The statues, rules, orders, or other authority sanctioning the relief sought by the motion; and(4) The facts claimed to constitute grounds for the relief requested by the motion.(d) Replies to motions shall state: (1) The defense of the party filing the reply;(2) The action which the party filing the reply wishes the department 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.(e) Motions shall be decided upon the writings submitted.(f) Repetitious motions shall not be accepted.(g) Replies to motions shall be filed within 10 calendar days after the filing of the motion.(h) Failure to reply to a motion within the time allowed shall constitute a waiver of objection to the motion but shall not in and of itself constitute grounds for granting the motion.(i) The board shall rule upon a motion after full consideration of all objections and other factors relevant to the motion in accordance with this chapter.(j) The board shall, if it is determined that there is no material issue of fact, consider and dispose of matters through motions, memoranda, or briefs, without the person or party appearing before the board.N.H. Admin. Code § Pdab 202.06
Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.