Section Per-A 206.05 - Dispositive Motions and Determinations(a) Except when made orally at a hearing pursuant to paragraph (d) below, a motion for summary disposition of an appeal shall: (1) Be submitted to the board in writing; and(2) Be filed at least 30 days before a scheduled adjudicative proceeding.(b) If the scheduling of an adjudicative proceeding takes place less than 30 days in advance of that proceeding, motions for summary disposition shall be filed and delivered to the other party no later than the date established for prehearing submissions under Per-A 206.13.(c) Responses to motions for summary disposition shall:(1) If the motion is submitted under (a) above, be filed with the board in writing no more than 10 days after the filing of the motion; or(2) If the motion is submitted under (b) above, be filed in writing on or before the date scheduled for the adjudicative proceeding.(d) A motion for summary disposition may be made orally at a hearing if: (1) The information giving rise to the motion was not known to the movant until after the dates established in (a) or (b) above; or(2) It appears that there are no material facts in dispute and the movant is entitled to judgment as a matter of law.(e) All motions for summary disposition shall state specifically the grounds upon which the movant asserts the right to have an order for summary disposition entered, and shall specify the disposition requested.(f) If at any time, with or without a motion by a party, the board determines that there are no material facts in dispute, the board shall decide the appeal on the undisputed facts as presented by the parties.(g) The board shall enter an order summarily dismissing a matter if, at any time, with or without a motion of a party, it concludes that:(1) The appeal was not filed timely; or(2) The board does not have jurisdiction over the appeal or the matters addressed therein.N.H. Admin. Code § Per-A 206.05
(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08