La. Admin. Code tit. 46 § XLV-9913

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

Section XLV-9913 - Motions for Continuance of Hearing

A. A motion for continuance of hearing shall be filed within the delay prescribed by §9911 of these rules, provided that the board may accept the filing of a motion for continuance at any time prior to hearing upon a showing of good cause not discoverable within the time otherwise provided for the filing of prehearing motions.

B. A scheduled hearing may be continued by the board only upon a showing by respondent or complaint counsel that there are substantial legitimate grounds that the hearing should be continued balancing the right of the respondent to a reasonable opportunity to prepare and present a defense to the complaint and the board's responsibility to protect the public health, welfare, and safety. Except in extraordinary circumstances evidenced by verified motion or accompanying affidavit, the board will not ordinarily grant a motion to continue a hearing that has been previously continued upon motion of the same party.

C. If an initial motion for continuance is not opposed, it may be granted by the executive director.

La. Admin. Code tit. 46, § XLV-9913

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 16:508 (June 1990).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(B).