(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 agency 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 unless there is good cause for permitting later action
or the time for such action is lengthened or shortened by rule of the agency or
an order of the presiding officer.
(5) Motions for summary judgment. Motions for
summary judgment shall comply with the requirements of the Iowa Rules of Civil
Procedure 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
30 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 10 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 497-4.27 (17A) and appeal pursuant to rule
497-4.26 (17A).
Notes
Iowa Code r. 497-4.14
ARC 0741C, IAB
5/15/13, effective 7/1/13
ARC 0741C, IAB 5/15/2013,
effective 7/1/2013
