La. Admin. Code tit. 1 § III-705

Current through Register Vol. 50, No. 11, November 20, 2024

Section 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.

La. Admin. Code tit. 1, § III-705

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:43 (January 2002), amended LR 38:2947 (November 2012), repromulgated LR 46320 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:950 et seq.