N.H. Admin. Code § He-C 203.10

Current through Register No. 50, December 12, 2024
Section He-C 203.10 - Motions; Objections
(a) All motions shall:
(1) Be filed with the AAU;
(2) Be in writing;
(3) Be filed in a timely manner;
(4) Be copied to all parties or representatives; and
(5) Comply with He-C 202.02 and 202.03.
(b) The only exception to the requirements in (a) above shall be for an oral motion made in response to a matter asserted for the first time at a prehearing conference or hearing, or on the basis of information which was not received in time to prepare a written motion.
(c) In addition to the requirements in (a) above, motions shall clearly and concisely state:
(1) The purpose of the motion;
(2) The action or outcome sought by the motion;
(3) The statutes, rules, orders, other authority or grounds authorizing the action or outcome sought by the motion;
(4) The facts claimed to constitute grounds for the presiding officer to take the action or order the outcome sought by the motion; and
(5) That a good faith attempt was made to obtain concurrence from all other parties, and whether the other parties concur or object to the relief being sought.
(d) Compliance with (c) (5) above shall not be necessary on dispositive motions or on oral motions made during a hearing.
(e) Oral motions and any contemporaneous objection to such motions shall be recorded in full in the record of the hearing.
(f) If the presiding officer finds that an oral 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, within a time certain established by the presiding officer.
(g) Objections to written motions shall comply with He-C 202.02 and 202.03 and be filed within 10 days of the date of the motion, unless the presiding officer prescribes a different time period for a particular motion.
(h) Objections shall clearly and concisely state:
(1) The basis for the objection;
(2) The action that the objecting party or intervenor wishes the presiding officer to take on the motion;
(3) The statutes, rules, orders, other authority or grounds authorizing the action sought by the objecting party or intervenor; and
(4) Any facts in addition to or claimed to be different from those stated in the motion to which the objection is being made.
(i) Motions and objections to motions shall not be filed solely for purposes of delay.
(j) The presiding officer may reject any motion or objection determined to violate (i) above.
(k) Failure by an opposing party or intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.
(l) Copies of all written motions shall be sent to all other parties, their counsel or representatives.
(m) 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 § He-C 203.10

#8866-A, eff 4-13-07