Unless otherwise provided, applications for continuances
shall be made to the presiding officer.
(1) A written application for a continuance
shall:
a. Be made at the earliest possible
time and no less than seven days before the hearing except in case of
unanticipated emergencies;
b. State
the specific reasons for the request; and
c. Be signed by the requesting
party or the
requesting
party's representative.
An oral application for a continuance may be made if the
presiding officer waives the requirement for a written motion. However, a party
making such an oral application for a continuance must confirm that request by
written application within five days after the oral request unless that
requirement is waived by the presiding officer. No application for continuance
shall be made or granted without notice to all parties except in an emergency
where notice is not feasible. The office may waive notice of such requests for
a particular case or an entire class of cases.
(2) In determining whether to grant a
continuance, the
presiding officer may consider:
a. Any prior continuances;
b. The interests of all parties;
c. The likelihood of informal
settlement;
d. The existence of an
emergency;
e. Any objection to the
continuance;
f. Any applicable time
requirements;
g. The existence of a
conflict in the schedules of counsel, parties, or witnesses;
h. The timeliness of the request;
i. Any applicable state or federal statutes
or regulations; and
j. Other
relevant factors.
The presiding officer may require documentation of any
grounds for continuance.
(2) The presiding officer may enter an order
granting or denying an uncontested or contested application for a
continuance.
Notes
Iowa Admin. Code r. 129-6.19
Adopted by
IAB
May 25, 2016/Volume XXXVIII, Number 24, effective
6/29/2016
