Utah Admin. Code R151-4-109 - Extension of Time and Continuance of Hearing

(1) When ruling on a motion or request for extension of time or continuance of a hearing, the presiding officer shall consider:

(a) whether there is good cause for granting the extension or continuance;

(b) the number of extensions or continuances the requesting party has already received;

(c) whether the extension or continuance will work a significant hardship upon the other party;

(d) whether the extension or continuance will be prejudicial to the health, safety or welfare of the public; and

(e) whether the other party objects to the extension or continuance.

(2)

(a) Except as provided in Subsection R151-4-109(2)(b), an extension of a time period or a continuance of a hearing may not result in the hearing being concluded more than 240 calendar days after the day:

(i) the notice of agency action was issued; or

(ii) the initial decision as to a request for agency action was issued.

(b) An extension of a time period or a continuance may exceed the time restriction in Subsection R151-4-109(2)(a) if:

(i)

(A) a party provides an affidavit or certificate signed by a licensed physician verifying that an illness of the party, the party's counsel, or a necessary witness precludes the presence of the party, the party's counsel, or a necessary witness at the hearing;

(B) counsel for a party withdraws shortly before the final hearing, unless the presiding officer finds the withdrawal was to delay the hearing; in that case the hearing will go forward with or without counsel;

(C) a parallel criminal proceeding or investigation exists based on facts at issue in the administrative proceeding; in that case the continuance shall address the expiration of the continuance upon the conclusion of the criminal proceeding; or

(D) the board or commission designated to act as the factfinder at hearing is unavailable to meet on a date that:

(I) allows the parties a reasonable period for discovery, motion practice, or hearing preparation; and

(II) falls within the 240-day deadline for resolution; and.

(ii) the presiding officer finds that injustice would result from failing to grant the extension or continuance

(3) The failure to conclude a hearing within the required time period is not a basis for dismissal.

(4) The presiding officer may not grant an extension of time or continuance if a statute or rule does not authorize it.

(5) The factors in Subsection (1) do not apply to a request for agency review filing made pursuant to Subsection R151-4-901(1)(a). Subsection R151-4-901(1)(c) governs a request for an extension to file a request for agency review.

Notes

Utah Admin. Code R151-4-109

Amended by Utah State Bulletin Number 2015-9, effective 4/10/2015 Amended by Utah State Bulletin Number 2018-21, effective 10/11/2018 Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022 Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024