Iowa Admin. Code r. 875-84.18 - [Effective until 3/26/2025] Motions
(1) 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) 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 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)
The presiding officer may schedule oral argument on any motion.
(4) 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 imless 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) 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 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
875-84.29 (17A,89) and appeal pursuant to subrule 84.27(3).
Notes
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(1) 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) 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 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) The presiding officer may schedule oral argument on any motion.
(4) 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 imless 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) 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 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 875-84.29 (17A,89) and appeal pursuant to subrule 84.27(3).