16 Del. Admin. Code § 5000-5605

Current through Register Vol. 28, No. 7, January 1, 2025

Section 5000-5605 - Requesting a Continuance

7 CFR 273.15(c)(4)

This policy applies to every appellant, appellant's authorized agent, and agency staff involved in the hearing. It applies to any public assistance program administered by the Division of Social Services or the Division of Medicaid & Medical Assistance.

1. Either Party To A Hearing May Request A Continuance

Either party to a hearing may request that the hearing officer continue the hearing on a different date.

Exception: A witness or party in interest to the hearing may not request a continuance.

2. Requests For A Continuance Meet Specific Requirements

A request for a continuance must:

A. Should be made at least 24 hours in advance of the hearing so that the other party may be notified

B. Must specify the reason that a continuance is needed

Examples of requests for which a continuance should be granted, include, but are not limited to:

1. Illness of a party or witness

2. Extreme inclement weather

3. Request for additional time to prepare for the hearing

3. Hearing Officer Responds to Requests

The hearing officer will respond to the request not later than 10 days after the request is received.

No continuance will be granted to the State or its agent if the continuance would result in the State exceeding the time limits specified in DSSM 5305 and DSSM 5309 or any statutory time limit.

16 Del. Admin. Code § 5000-5605

15 DE Reg. 1343 (03/01/12)