N.H. Admin. Code § Psyc 205.16 - Postponement Requests and Failure to Attend Hearing

(a) Any party or intervener may make an oral or written motion that a hearing be delayed or continued to a later date or time.

(b) A motion for a delay or a continuance shall be granted if the presiding officer determines that there is good cause to do so.

(c) Good cause shall include:

(1) The unavailability of parties, interveners, representatives of parties or interveners, or witnesses necessary to conduct the hearing;

(2) The likelihood that a settlement will make the hearing or its continuation unnecessary; and

(3) Any other circumstances that demonstrate that a delay or continuance would assist in resolving the case fairly.

(d) If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record.

(e) If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

(f) If any party to whom notice has been given in accordance with Psyc 205.08 fails to attend a hearing, the presiding officer shall declare that party to be in default, and:

(1) If the party has the burden of proof, the matter shall be dismissed; or

(2) If a party does not have the burden of proof, the testimony and evidence of any other parties or interveners shall be received, and the matter shall proceed to a decision.

(g) A party may move to strike the default within 10 days of receipt of an order imposing the default if there is just cause shown for failure to attend.

(h) Just cause shall include:

(1) Illness of the party that prevented attendance;

(2) Accident involving the party that prevented attendance; or

(3) Some other circumstance beyond the control of the party that does not involve neglect or inattention to the proceeding.

Notes

N.H. Admin. Code § Psyc 205.16

Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by 12035-A, Effective 11/4/2016.