N.H. Admin. Code § Man 207.01

Current through Register No. 50, December 12, 2024
Section Man 207.01 - Motions; Objections
(a) Motions shall be in written form and filed with the board, unless made in response to a matter asserted for the first time at a hearing 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 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 moving party to submit the motion in writing, with supporting information.
(c) The moving party shall make a good-faith attempt to obtain concurrence from the opposing party in the relief sought, except for dispositive motions or other motions where it can reasonably be assumed the moving party will be unable to obtain concurrence. The motion shall recite compliance with this paragraph.
(d) Unless apparent from the record or agreed upon by the parties, the board shall not rely upon any facts in deciding a motion unless the facts and documents relied on in the motion are submitted with a statement certifying truthfulness, subject to the penalties of RSA 641:3.
(e) Objections to written motions shall be filed within 14 days of the date of the motion.
(f) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.
(g) Supporting memoranda and documents shall be filed with the motion or objection.
(h) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion. Motions shall be decided with or without an oral hearing. An oral hearing shall be granted on the presiding officer's own initiative or upon a party's request when the presiding officer concludes an oral hearing will materially assist him or her or the board or is required to comply with the law.

N.H. Admin. Code § Man 207.01

#8286-A, eff 2-16-05