Unless otherwise provided, applications for continuances shall
be filed with the board at least seven days before the date scheduled for
hearing. If the application for continuance is not contested, the executive
director or designee shall issue the appropriate order. If the application for
continuance is contested, the matter shall be heard by the board as presiding
officer or may be delegated by the board to an administrative law judge. No
continuance shall be granted within seven days of the date of hearing except
for extraordinary, extenuating or emergency circumstances.
(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 for continuance; and
c. Be signed by the requesting
party or the
party's representative.
An oral application for a continuance may be made if the board
or 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 two days after the oral request unless
that requirement is waived by the board or 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.
(2) The board or
presiding officer
may require documentation of any grounds for continuance. In determining
whether to grant a continuance, the
presiding officer may consider:
a. Prior continuances;
b. The interests of all parties;
c. The public interest;
d. The likelihood of informal
settlement;
e. The existence of an
emergency;
f.Any
objection;
g. Any applicable time
requirements;
h. The existence of a
conflict in the schedules of counsel, parties, or witnesses;
i. The timeliness of the request;
and
j. Other relevant
factors.
