New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 200 - PRACTICES AND PROCEDURES
Part Ins 205 - FILING AND SERVICE OF DOCUMENTS
Section Ins 205.05 - Motions and Response Thereto

Universal Citation: NH Admin Rules Ins 205.05

Current through Register No. 40, October 3, 2024

(a) Unless presented during an oral session of a proceeding, motions and all replies thereto shall be in written form and filed with the hearing officer, unless made in response to a matter asserted for the first time at the 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 hearing officer finds that the motion requires additional information in order to be fully and fairly considered, the hearing officer shall direct the moving party to submit the motion in writing, with supporting information, before any deadline established by the hearing officer.

(c) All motions shall state:

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statues, rules, orders, or other authority sanctioning the relief sought by the motion; and

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

(d) Replies to motions shall state:

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

(2) The action which the party filing the reply wishes the department to take on the motion;

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

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

(e) Motions shall be decided upon the writings submitted. Repetitious motions shall not be accepted.

(f) Replies to motions shall be filed within 10 days after the filing of the motion. Failure to reply to a motion within the time allowed shall constitute a waiver of objection to the motion but shall not in and of itself constitute grounds for granting the motion.

(g) The hearing officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion in accordance with this chapter.

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