Iowa Admin. Code r. 193-7.20 - [Effective until 8/14/2024] Motions
(1) No
technical form formotions 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. 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, must 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 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.
(6) Motions for summary judgment must 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
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 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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