Current through Register Vol. XLI, No. 50, December 13, 2024
Section 105-1-9 - Continuances and Postponement of Hearings; Rehearing9.1. The OAH may on its own, or after receipt of a motion by a party for good cause shown, postpone or continue any hearing. Only parties may request a hearing continuance.9.2. The OAH may on its own motion postpone, reconvene, or continue a hearing for good cause including, but not limited to, docket management, availability of hearing examiners or other essential personnel, error in scheduling or notice, or mechanical failure of essential equipment such as recording equipment or file storage equipment.9.3. A party wishing to request a hearing continuance shall file a motion for a continuance with the OAH, with service to the opposing party, within the time frames set forth by subsections 5.2. of this rule.9.4. The OAH may grant a party's motion for a continuance if it finds that good cause is shown to grant such request. Good cause may include serious illness, previously scheduled conflicting court appearances, the failure of an essential witness to appear after being properly subpoenaed, or other significant events. A party shall file evidence of good cause with the motion for a continuance. In the event good cause is not shown, the OAH at its discretion, may grant a party's motion for continuance if the opposing party indicates on the record they have no objection to the granting of the motion.9.5. Emergency Continuance. a. The OAH may grant an emergency continuance on less than nine (9) days' notice to a party for unexpected personal emergencies of a party, a party's attorney, an investigating officer, or other essential subpoenaed witness. An emergency situation requiring the services of an investigating officer en route to a hearing qualifies as an unexpected personal emergency.b. An emergency continuance request made by telephone must also be submitted in writing. A motion for an emergency continuance shall include evidence of good cause for such continuance and shall be filed with the OAH no later than five (5) days after the date the hearing was scheduled.c. If a written motion for an emergency continuance with evidence of good cause is not received by the OAH in a timely manner, the OAH may deem it a failure of the party requesting the continuance to appear at the hearing. The OAH may deem it a failure of the party requesting the continuance to appear at the hearing even if an order continuing the hearing was issued provided that such order was based solely on the oral representations of the party making the motion.9.6. Parties are obligated to appear at a scheduled hearing unless they receive an order from the OAH prior to the hearing that continues such hearing. The Petitioner may appear in person or solely by counsel. The Respondent may appear in person, by counsel, or by designee.9.7. The OAH may continue a hearing in progress from one day to another day or adjourn the hearing to a later date.9.8. The OAH may order the rehearing of a DUI case or other contested case prior to the issuance of a final order if mechanical failure caused testimony presented during a hearing not to be recorded. The OAH may also order the rehearing of a DUI case or other contested case prior to the issuance of a final order when a hearing examiner who presided at the original hearing is unable to issue a final order and the OAH determines that the credibility of a witness is a significant factor in the case.