(1)
Form. No technical form for motions is required. However
prehearing motions must be in writing, state the grounds for relief, and state
the relief sought. Any motion for summary judgment shall comply with the Iowa
Rules of Civil Procedure. Motions made during the hearing may be stated orally
upon the record.
(2)
Response. Any party may file a written response to a motion
within 14 days after the motion is served, unless the time period is extended
or shortened by the rules of the commission or the presiding officer The
presiding officer may consider a failure to respond within the required time
period in ruling on a motion.
(3)
Oral argument.
a. The
presiding officer may schedule oral argument on any motion.
b. Oral arguments on motions shall be held in
Des Moines or by telephone conference call, unless the presiding officer orders
otherwise.
c. A record of arguments
will be made at the discretion of the presiding officer A record may be made by
tape recording or by certified shorthand reporter
d. The expense of transcribing a record of
the oral argument or any part thereof shall be charged to the requesting
party.
(4)
Motions regarding hearing.
a. Motions pertaining to the hearing, except
motions for summary judgment, must be filed and served at least ten days prior
to the date of hearing unless there is good cause for permitting later action
or the time for such action is lengthened or shortened by rule of the agency or
an order of the presiding officer
b. Motions regarding sequestration of
witnesses need not be made ten days prior to the hearing.
(5)
Motions for summary
judgment. Motions for summary judgment shall comply with the
requirements of Iowa Rule of Civil Procedure 237 and shall be subject to
disposition according to the requirements of that rule to the extent such
requirements are not inconsistent with the provisions of this rule or any other
provision of law governing the procedure in contested cases.
Motions for summary judgment must be filed and served at least
45 days prior to the scheduled hearing date, or other time period determined by
the presiding officer. Any party resisting the motion shall file and serve a
resistance within 15 days, unless otherwise ordered by the presiding officer,
from the date a copy of the motion was served. The time fixed for hearing or
nonoral submission shall be not less than 20 days after the filing of the
motion, unless a shorter time is ordered by the presiding officer A summary
judgment order rendered on all issues in a contested case is subject to
rehearing pursuant to rule 4.30(17A) and appeal pursuant to rule
4.23(17A).
