19 Del. Admin. Code §§ 1331-12.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1331-12.0 - Continuances

12.1 A request for continuance shall be in writing, include a proposed form of order, and provide notice that a copy was sent to the opposing party. A request for a continuance may be granted upon a showing of cause under 19 Del.C. § 2348.

Should a party object to the decision, it may by motion seek re-argument. Upon such motion, the Department shall then set the matter for a legal hearing as expeditiously as possible before the Board or a Hearing Officer who heard the original request.

Once a hearing on the merits has begun, a continuance may only be granted should it become necessary to continue the case in order to prevent a miscarriage of justice.

12.2 For the purposes of determining whether a requesting party has made the required showing of "good cause" or "extraordinary circumstances" under 19 Del.C. § 2348, the Board shall use the following definitions of those terms:

12.2.1 "Good Cause" shall include:

12.2.1.1 the unavailability of a previously scheduled medical or other material witness;

12.2.1.2 the unavailability of an attorney for a party due to a conflicting court appearance;

12.2.1.3 the illness of a party, a party's attorney, or a material witness (including, if appropriate, illness which affects the ability of necessary person to participate in the deposition of a medical or other material witness);

12.2.1.4 a justifiable absence from the State of a party, a party's attorney or material witness;

12.2.1.5 a justifiable substitution of counsel for one party (this shall not include a transfer of files within a law firm);

12.2.1.6 the unavailability of a medical witness whose deposition cannot be scheduled despite due and prompt diligence on the part of the requesting party;

12.2.1.7 inadequate notice from the Department and/or the Board which would justifiably prevent a party from having a full and fair opportunity to be heard; and

12.2.1.8 any other unforeseen circumstance beyond the control of the party seeking the continuance which would prevent the party from having a full and fair hearing.

12.2.2 "Extraordinary Circumstances" shall include:

12.2.2.1 the sudden unavailability of a previously scheduled medical or other material witness;

12.2.2.2 an emergency mandatory court appearance which precludes the appearance of a party's attorney at the hearing;

12.2.2.3 a serious personal or medical emergency on the part of a party or a party's attorney; and

12.2.2.4 any other unforeseen circumstance beyond the control of the party seeking the continuance which would prevent the party from having a full and fair hearing.

19 Del. Admin. Code §§ 1331-12.0

1 DE Reg. 938 (1/1/98)
15 DE Reg. 854 (12/01/11)