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
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. OSA 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. Prior continuances;
b. The interests of all parties;
c. The likelihood of informal
settlement;
d. The existence of an
emergency;
e. Any
objection;
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;
and
i. Other relevant factors.
The presiding officer may require documentation of any grounds
for continuance.
Notes
Iowa Admin. Code r. 685-4.18
ARC 9025B, lAB 8/25/10,
effective 9/29/10
