Section Saf-Mec 208.01 - Motions; Objections to Motions; Ruling on Motions(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 based on information that was not received in time to prepare a written motion.(b) Oral motions and any oral objections 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 proponent to submit the motion in writing and provide supporting information.(c) All written motions submitted on the date of the hearing shall be excluded from consideration by the presiding officer.(d) Notwithstanding (c) above, the presiding officer shall accept a written motion submitted on the day of the scheduled hearing if the moving party is able to show: (1) The existence of newly discovered evidence which due diligence would not have discovered prior to the hearing; or(2) Exigent circumstances, pursuant to Saf-Mec 210.01(c), existed that prevented the filing of the motion prior to the day of the hearing.(e) If the presiding officer accepts the written motion on the day of the scheduled hearing and the opposing party requests time to respond, a continuance shall be granted. The continuance shall be attributed to the party submitting the motion.(f) Except as otherwise provided in this chapter, objections to written motions shall be filed within 30 days of the date of the motion.(g) The board shall grant extensions of time for the filing of objections only for good cause.(h) For the purposes of (g) above, good cause shall include: (1) Circumstances not within the control of the party or intervenor requesting the extension that render the party or intervenor unable to file an objection within the normal period for objection; and(2) Circumstances that otherwise demonstrate that an extension would assist the board in fully and fairly understanding and resolving the issues presented in the motion.(i) Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.(j) When necessary to obtain information or clarify an issue relating to the proceedings, the presiding officer shall hold a hearing on the motion.(k) The presiding officer shall rule upon a motion after full consideration of all objections and applicable law.N.H. Admin. Code § Saf-Mec 208.01
Derived From Volume XXXV Number 14, Filed April 9, 2015, Proposed by #10798, Effective 3/18/2015.