N.H. Admin. Code § Plc 206.12

Current through Register No. 50, December 12, 2024
Section Plc 206.12 - Motions and Objections
(a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.
(b) Prior to filing a written motion, the participant filing the motion shall seek concurrence with the relief requested in the motion from the other participant(s), provided however that if the motion would result in a ruling that is adverse to another participant's interests, the moving participant shall not be required to seek concurrence from that participant.
(c) All motions shall state clearly and concisely in separately numbered paragraphs:
(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.
(d) The participant filing the motion shall sign and date the motion in accordance with Plc 206.10(c).
(e) Objections to motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.
(f) Objections to motions shall be signed as required by Plc 206.10(c) and state clearly and concisely:
(1) The objection or defense of the participant filing the objection to any fact or request in the motion, set forth in separate paragraphs that identify the paragraph(s) in the original motion to which it relates;
(2) The action the participant filing the objection wishes the presiding officer to take on the motion;
(3) Statutes, rules, orders, or other authority relied upon to rebut the motion; and
(4) Any facts that are additional to or different from the facts stated in the motion.
(g) Motions shall be decided upon the writings submitted, unless the presiding officer determines that the expertise of the board is necessary to a full understanding of the motion or objection, or both, in which case the matter shall be scheduled for a hearing.
(h) Repetitious motions shall not be submitted.

N.H. Admin. Code § Plc 206.12

Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.
Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).