Iowa Admin. Code r. 657-35.21 - Motions

(1) Form. No technical form for motions is required. Prehearing motions must be in writing, state the grounds for relief, and state the relief sought.

(2) Timely response. Any party may file a written response to a motion within ten days afterthe motion is served, unless the time period is extended or shortened by rules of the board 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) Timely filing. Motions pertaining to the hearing shall 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 board or an order of the presiding officer.

(5) Dispositive motions. Dispositive motions, such as motions for summary judgment or motions to dismiss, must be filed with the board and served on all parties to the contested case proceeding at least 30 days prior to the scheduled hearing date, unless otherwise ordered or permitted by the presiding officer. Any party may file a written response to a dispositive motion within 10 days after the motion is served, unless the time for response is otherwise lengthened or shortened by the presiding officer.

Notes

Iowa Admin. Code r. 657-35.21

Amended by IAB September 27, 2017/Volume XL, Number 7, effective 11/1/2017