(1) No technical
form for motions is required. However, prehearing motions must be in writing
and must state the grounds for relief and relief sought.
(2) 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 the presiding officer. In ruling on a motion, the
presiding officer may consider the motion unresisted, if no response is timely
filed.
(3) The presiding officer
may schedule oral argument on any motion.
(4) Motions pertaining to the hearing, except
motions for summary judgment and requests for continuances, 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 an order of the presiding officer.
(5) Motions for summary judgment shall comply
with the requirements of Iowa Rule of Civil Procedure 1.981 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 may be filed and served within a
reasonable time prior to the hearing, as determined by the presiding officer.
Any party resisting the motion shall file and serve a resistance within 15 days
from the date a copy of the motion was served unless otherwise ordered by the
presiding officer. 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
191-3.28 (17A) and appeal
pursuant to rule 191-3.27 (17A).
Notes
Iowa Admin. Code r. 191-3.15
Amended by
IAB
September 23, 2020/Volume XLIII, Number 7, effective
10/28/2020
Adopted by
IAB
March 20, 2024/Volume XLVI, Number 19, effective
4/24/2024
