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 proceeding, 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 Subsections R151-4-109(2)(b) and R151-4-109(3), a ruling on a motion for an extension of a time period or a continuance of a hearing may not result in the informal hearing being concluded more than 240 days or the formal hearing being concluded more than 365 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) the presiding officer finds that injustice would result from failing to grant the extension or continuance; and (ii)(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 or 365-day deadline for resolution. (3) A presiding officer may, without a motion from a party, extend a hearing beyond the time period in Subsection R151-4-109(2)(a) due to the unavailability of a board or commission, or a division director or designee. (4) The failure to conclude a hearing within the required time period is not a basis for dismissal. (5) The presiding officer may not grant an extension of time or continuance if a statute or rule does not authorize it. (6) The factors in Subsection (1) do not apply to a request for agency review filing made under Subsection R151-4-901(1)(a). Subsection R151-4-901(1)(d) governs a request for an extension to file a request for agency review.