New Hampshire Code of Administrative Rules
Inst - Installation Standards Board
Chapter Inst 200 - PRACTICE AND PROCEDURE
Part Inst 208 - COMPLAINTS AND REPLYS
Section Inst 208.04 - Motions and Objections Thereto

Universal Citation: NH Admin Rules Inst 208.04

Current through Register No. 12, March 21, 2024

(a) Motions shall be in writing unless 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, order, or other authority authorizing the relief sought by the motion; and

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

(c) All motions shall be signed and dated by the proponent of the document or, if the party appears by representative, by the representative.

(d) Objections shall state clearly and concisely:

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

(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) Signed and dated by the proponent of the document or if the party appears by representative by the representative.

(e) An objection shall specifically admit or deny each fact contained in the motion. Failure to deny a fact shall not in and of itself constitute grounds for granting 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.

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

(g) Objections to motions shall be filed within 10 days after filing of the motion.

(h) The presiding officer or the board shall rule on the motion after full consideration of all objections and other relevant factors. If the presiding officer or board finds it needs additional information to rule on a motion, the proponent shall be directed to provide additional information and supporting documentation.

(i) If necessary, a hearing shall be held on the motion.

#8493-A, eff 12-24-05

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.