N.H. Admin. Code § Liq 205.10

Current through Register No. 45, November 7, 2024

Section Liq 205.10 - Pleadings, Petitions, and Responses

(a) The following procedures shall apply to all pleadings, petitions and responses:

(1) The only pleadings permitted other than motions shall be petitions and replies thereto;

(2) Unless otherwise specified by statute or rule all petitions shall contain:

a. The name and address of the petitioner;

b. The name and address of the petitioner's representative, if any;

c. A concise statement of the facts which cause the petitioner to request the commission to act;

d. The action which the petitioner wishes the commission to take;

e. The identification of any statutes, rules, orders, or other authority which entitles the petitioner to have the commission to act as requested; and

f. The name and address of the person, if any, against whom the petitioner complains, or against whom the petitioner wishes the commission to act;

(3) Unless otherwise required by rule or statute, all replies shall contain the following:

a. The name and address of the respondent;

b. The name and address of the respondent's representative, if any;

c. A statement admitting, denying or claiming to have insufficient information to respond to, each and every fact in the petition;

d. A statement admitting or denying the authority identified in support of the action requested by the petitioner;

e. A concise statement of each and every additional or different fact which causes the respondent to request the commission not to act, or to act differently from that requested by the petitioner; and

f. The action which the respondent wishes commission to take;

(4) Unless otherwise provided by statute or rule, a reply shall be filed within 30 days after service of a petition;

(5) Any fact contained in the petition shall be deemed admitted unless specifically denied by the respondent or the respondent indicates that he or she lacks sufficient information to deny or admit the fact and so states; and

(6) The petitioner shall be presumed to deny all allegations in the reply and no response shall be permitted to the reply.

(b) The following procedures and criteria shall apply to all motions and objections thereto:

(1) Unless presented in an oral session of a proceeding, all motions and replies thereto shall be served in writing upon all parties.

(2) All motions shall state clearly and concisely:

a. The purpose of the motion;

b. The statutes, rules, orders, or other authority authorizing the relief sought in the motion; and

c. The facts claimed to constitute the grounds requiring the relief requested by the motion;

(3) Objections to motions shall state clearly and concisely:

a. The grounds for the objection of the party;

b. The action which the party filing the reply wishes the presiding officer to take on the motion; and

c The statutes, rules, order, or other authority relied upon in defense of the motion;

(4) An objection shall admit, deny, or state that the respondent has insufficient information to admit or deny each and every fact contained in the motion;

(5) Failure to object or claim insufficient information shall constitute the admission of fact for the purpose of the motion only;

(6) Unless otherwise specifically ordered by a court, all motions shall be decided upon the writings submitted;

(7) Repetitious motions shall not be accepted;

(8) Unless provided by statute, this chapter or orders of a court, objections to motions shall be filed within 10 calendar days after the party receives a copy of the motion; and

(9) Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

N.H. Admin. Code § Liq 205.10

#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

New. #8670-A, eff 7-1-06