MOTIONS:

After the Appeal is filed, any request for action by the Board should be made in the form of a motion. A list of motions which the Board may address can be found at 52CSR1 Procedural Rule Governing Appeals, Section 5.

The opposing party may file an objection or response to a motion. Objections must be filed no more than ten days after the receipt of the motion unless the Board has extended or shortened the time period for filing an objection.

One type of motion which may be filed with the Air Quality Board is a Motion to Dismiss. Any party to the appeal may file a Motion to Dismiss the Appeal which details why the Air Quality Board should not consider the appeal. Although the Board may grant or deny this motion without a full evidentiary hearing, if a motion to dismiss your appeal is filed you will have the opportunity to respond, either in writing or in a motion hearing. Your written response to such motion must be filed no more than 10 days after you receive the Motion to Dismiss.