Section Saf-Mec 210.01 - Continuances(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.(b) A request for continuance of a hearing shall be made in writing with a copy to the respective party(s) and received by the department, absent exigent circumstances, at least 5 working days prior to the hearing.(c) Exigent circumstances shall include: (4) Death of a family member; or(5) Any other unforeseeable circumstance beyond the party's control that requires or results in the party's absence from the scheduled hearing.(d) Appearance by a representative of a party shall not waive the party's required presence at a hearing.(e) The written request or motion shall contain but not be limited to: (1) The specific reason(s) for the request including issue(s) to be resolved and conflicts with scheduled court appearances;(2) Optional dates and times when all interested parties shall be available;(3) The identity of the requestor; and(4) The name and date of birth of the respondent.(f) A motion for a delay or a continuance shall be granted if the presiding officer determines that there is good cause to do so.(g) Good cause shall include: (1) The unavailability of parties, intervenors, witnesses or attorneys necessary to conduct the hearing;(2) The likelihood that a settlement will make the hearing or its continuation unnecessary; or(3) Any other circumstances that demonstrate that a delay or continuance would assist in resolving the case fairly.(h) 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. 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.N.H. Admin. Code § Saf-Mec 210.01
Derived From Volume XXXV Number 14, Filed April 9, 2015, Proposed by #10798, Effective 3/18/2015.