La. Admin. Code tit. 1, § III-705 - Continuances (formerly Section 515)
A. Except
where otherwise prohibited by law, a continuance may be granted in any case for
good cause shown. Motions for continuance, when made prior to the date and time
of the noticed hearing, shall be in writing and transmitted in accordance with
Rule
511 Continuances may be
requested during a hearing or status conference upon an oral motion of a party
made on the record.
B. A written
motion for continuance should include:
1. the
number of motions for continuance previously filed in the case by each
party;
2. the specific reason for
the continuance;
3. at least three
proposed dates for the rescheduled proceeding;
4. a statement of whether the motion for
continuance is opposed by any party or that the other party failed to respond
whether they oppose the motion; and
5. a certificate of
service.
C. Motions for
continuance should be filed as soon as the need for the continuance becomes
known. In any event, motions for continuance shall be filed no later than five
days before a hearing. For good cause shown, the administrative law judge may
consider a motion filed after that time or presented orally at the
proceeding.
D. A motion for
continuance is not granted until it has been ruled on by the administrative law
judge, even if the motion is uncontested. A case is subject to default or
dismissal for a partys failure to appear at a scheduled hearing in which a
motion for continuance has not been ruled on by the administrative law
judge.
E. A continuance request may
be denied if a continuance would prevent the case from being concluded within
any statutory deadline.
F. When an
administrative law judge grants a continuance, each party is responsible for
notifying its own witnesses.
Notes
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