Ill. Admin. Code tit. 89 § 14.45

Current through Register Vol. 48, No. 49, December 6, 2024

Section 14.45 - Postponement or Continuation of Hearings

a) The Department may postpone or continue a hearing as provided in this Section. As used in this Section, a "postponement" is a decision not to convene the hearing on its scheduled date. A "continuance" is a decision not to proceed with a hearing that has convened.

b) A request for postponement or continuance may be made by the appellant or the appellant's authorized representative. Except for the appellant's request for the first postponement of a food stamp appeal, a request to postpone a hearing must be in writing and received by the Bureau of Assistance Hearings at least 2 business days prior to the scheduled hearing date. A request for postponement made less than 2 business days prior to the scheduled hearing date will be granted only upon showing of good cause as defined in Section 14.60(e).

c) If the request for a continuance or postponement is granted, the Bureau of Assistance Hearings shall schedule a hearing as early as is reasonably practicable and shall notify the parties of the new date, time and place of the hearing.

d) Requirements for Requests

1) In a food stamp appeal the appellant's first request for postponement or continuance does not require showing of good cause or timely submission.

2) In a non-food stamp appeal, the appellant's first request for postponement or continuance does not require a showing of good cause, but a request for postponement does require timely submission.

3) All subsequent requests for postponement or continuance will be granted only upon timely submission and showing of good cause. Good cause to postpone or continue a hearing includes, but is not limited to, the reasons set forth in Section 14.60(e).

4) Except for the first request for a postponement in a food stamp appeal, unless notified that the postponement has been granted, the appellant and representatives are expected to appear at the hearing. Failure to appear shall cause the dismissal of the appeal as set forth in Section 14.60.

e) At the hearing, the hearing officer may grant a request to continue when the party or representative shows that good cause exists for not proceeding with the hearing. If the request is based on the unavailability of witnesses and/or documentary evidence, the hearing officer may defer ruling on the request until after the available evidence on the issues of the case has been presented.

Ill. Admin. Code tit. 89, § 14.45

Amended at 25 Ill. Reg. 14860, effective October 30, 2001