Section Saf-C 203.18 - Motions(a) Motions shall be in written form unless orally presented at the hearing. Written motions shall be included in the record of the proceeding and filed together with the case file.(b) All written motions submitted on the date of the hearing shall be excluded from consideration by the hearings examiner.(c) Notwithstanding (b) above, the hearings examiner 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-C 203.05(b), existed that prevented the filing of the motion prior to the day of the hearing.(d) If the hearings examiner 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.(e) Oral motions shall be recorded in full in any transcript of the proceeding.(f) Once all testimony has been heard and closing arguments, if any, have been completed, the hearing shall be closed and no motion(s) in any form shall be allowed unless expressly authorized by these rules.N.H. Admin. Code § Saf-C 203.18
#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #6143, eff 12-21-95; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 202.19); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-A, eff 12-17-04 (formerly Saf-C 203.17)