New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 200 - PRACTICE AND PROCEDURE
Part Hcp 205 - PLEADINGS, COMPLAINTS AND MOTIONS
Section Hcp 205.03 - Motions and Objections Thereto

Universal Citation: NH Admin Rules Hcp 205.03

Current through Register No. 40, October 3, 2024

(a) Motions and objections shall be in writing unless the circumstances from which the motion is made or the nature of the relief requested requires oral presentation upon short notice.

(b) Motions shall state clearly and concisely:

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion;

(4) The facts claimed to constitute grounds for the relief requested by the motion; and

(5) If not made orally, the signature and date required by Hcp 204.02(a).

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

(1) The defense of the party filing the objection;

(2) The action which the party filing the objection wishes the board to take on the motion;

(3) The statutes, rules, orders, or other authority relied upon in defense of the motion;

(4) Any facts which are additional to or different from the facts stated in the motion; and

(5) If not made orally, the signature and date required by Hcp 204.02(a).

(d) An objection shall specifically admit or deny each fact contained in the motion. Failure to deny a fact shall constitute the admission of that fact for the purposes of the motion. In the event a party filing an objection lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

(e) Motions shall be decided upon the writings submitted or, if the board determines that a hearing will assist in the resolution of factual disputes and will promote the purposes of these rules, after a hearing at which argument, testimonial evidence, or both, may be presented.

(f) Objections to motions shall be filed with the board within 20 days of the filing of a motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

#6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9337, eff 12-3-08

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