35 Miss. Code. R. 101-4.15 - Continuances and Extensions of Time

A. A party desiring a continuance of an administrative appeal set for hearing shall file a written request for a continuance with the Executive Director setting out the reasons for the request. Requests filed within ten (10) days from the date of the notice setting the hearing will be routinely granted. Requests filed after this ten (10) day period but more than seven (7) days before the hearing date will only be granted if good cause is shown for the continuance. Requests filed within seven (7) days of the date of the hearing will only be granted in the case of an emergency.

B. If a continuance is granted for a hearing in regard to which the Board has incurred a cost because of the original setting, including, but not limited to, a court reporter appearance fee, the Board may assess such costs to the party requesting the continuance. If assessed, the cost must be paid by the party to the Executive Director within fifteen (15) days from the date the continuance was granted. Failure to timely pay such costs shall be considered an involuntary withdrawal of the administrative appeal.

C. A party desiring an extension of a time period prescribed by these regulations or by the Board shall file a written request for such extension with the Executive Director and explain the basis for the extension. Such requests may be considered and granted in whole or in part by the Executive Director. However, no time period set by statute, including, but not limited to, the time period for filing an appeal or objection with the Board or Executive Director and the time period for filing an appeal from the Board to Court, can be extended.

Notes

35 Miss. Code. R. 101-4.15

Miss. Code Ann. § 27-4-3(l)(a)(Rev. 2010)