Iowa Admin. Code r. 11-7.17

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 11-7.17 - Continuances

Unless otherwise provided, application for continuance shall be made to the presiding officer

(1) A written application for continuance shall:

a. Be made before the hearing;

b. State the specific reasons for the request; and

c. Be signed by the requesting party or the requesting party's representative.

(2) If the presiding officer waives the requirement for a written motion, an oral application for continuance may be made. A written application shall be submitted no later than five days after the oral request. The presiding officer may waive the requirement for a written application. No application for continuance will be made or granted ex parte without notice except in an emergency where notice is not feasible. The department may waive notice of requests for a case or a class of cases.

(3) Except where otherwise provided, a continuance may be granted at the discretion of the presiding officer The presiding officer may consider, in addition to the grounds stated in the motion:

a. Any prior continuances;

b. The interests of all parties;

c. The likelihood of informal settlement;

d. Existence of emergency;

e. Objection to the continuance;

f. Any applicable time requirements;

g. The existence of a conflict in the schedules of counsel or parties or witnesses;

h. The timeliness of the request;

i. Any applicable state or federal statutes or regulations; and

j. Other relevant factors.

The presiding officer may require documentation of any ground for continuance.

Iowa Admin. Code r. 11-7.17