Iowa Admin. Code r. 185-10.16 - Motions
(1)
Rehearing motions. No technical form for motions is required.
However, prehearing motions must be in writing, state the grounds for relief,
and state the relief sought.
(2)
Written responses. Any party may file a written response to a
motion within ten days after the motion is served, unless the time period is
extended or shortened by rules of the division 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. The presiding officer may schedule oral
argument on any motion.
(4)
Service. 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 division or an order
of the presiding officer.
(5)
Motions for summary judgment.
a. Motions for summary judgment shall comply
with the requirements of Iowa Rules of Civil Procedure 1.981, 1.982, and 1.983
and shall be subject to disposition according to the requirements of those
rules 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.
b. 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.
Notes
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