Iowa Code r. 193-7.20 - Motions
(1) No technical
form for motions is required. However, prehearing motions need to 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. If the board
requests that an administrative law judge issue a ruling on a prehearing
motion, the ruling is subject to interlocutory appeal pursuant to rule
193-7.31 (17A).
(4) Motions pertaining to the hearing, except
motions for summary judgment, will need to be filed and served at least seven
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) Motions for summary judgment will comply
with the requirements of Iowa Rule of Civil Procedure 1.981 and are 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.
(6) Motions for summary judgment will need to
be filed and served at least 20 days prior to the scheduled hearing date, or
other time period determined by the presiding officer. Any party resisting the
motion will need to file and serve a resistance within ten 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 will be not less than
15 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
193-7.33 (17A) and appeal
pursuant to rule 193-7.32 (17A).
Notes
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