New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 206 - ADJUDICATIVE PROCEEDINGS
Section Plc 206.12 - Motions and Objections

Universal Citation: NH Admin Rules Plc 206.12

Current through Register No. 12, March 21, 2024

(a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.

(b) Prior to filing a written motion, the participant filing the motion shall seek concurrence with the relief requested in the motion from the other participant(s), provided however that if the motion would result in a ruling that is adverse to another participant's interests, the moving participant shall not be required to seek concurrence from that participant.

(c) All motions shall state clearly and concisely in separately numbered paragraphs:

(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) The signature and date required by Plc 206.10(c).

(d) Objections to motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

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

(1) The objection or defense of the participant filing the objection to any fact or request in the motion, set forth in separate paragraphs numbered identically to the paragraphs in the original motion;

(2) The action the participant filing the objection wishes the presiding officer to take on the motion;

(3) Statutes, rules, orders, or other authority relied upon to rebut the motion;

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

(5) The signature and date required by Plc 206.10(c).

(f) Motions shall be decided upon the writings submitted, unless the presiding officer or, in the case of a dispositive motion, the regulatory authority, determines that a hearing is necessary to a full understanding of the motion or objection, or both.

(g) Repetitious motions shall not be submitted.

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.