La. Admin. Code tit. 46 § LVII-913
Current through Register Vol. 50, No. 11, November 20, 2024
Section LVII-913 - Motion for ContinuanceA. A motion for continuance of hearing shall be filed within the delay prescribed by §911 of this Chapter, provided that the board may accept the filing of a motion for continuance at any time prior to hearing upon a showing of good cause not discoverable within the time otherwise provided for the filing of a prehearing motion.B. A scheduled hearing may be continued by the board only upon a showing by respondent or complaint counsel that there are substantial legitimate grounds that the hearing should be continued balancing the right of respondent to a reasonable opportunity to prepare and present a defense to the complaint and the board's responsibility to protect the public health, welfare, and safety. Except in extraordinary circumstances evidenced by verified motion or accompanying affidavit, the board will not ordinarily grant a motion to continue a hearing that has been previously continued upon motion of the same party.C. If an initial motion for continuance is not opposed, it may be granted by the executive director. Any motion for continuance of hearing which is opposed shall be referred for decision to the presiding officer of the hearing panel designated with respect to the proceeding, who shall rule upon such motion on the papers filed, without hearing. The presiding officer, in his discretion, may refer any motion for continuance to the entire panel for disposition, and any party aggrieved by the decision of a presiding officer on a motion for continuance may request that the motion be reconsidered by the entire panel. In any such case, the panel shall rule on such motion on the papers filed, without hearing.La. Admin. Code tit. 46, § LVII-913
Promulgated by the Department of Public Safety and Corrections, Board of Private Investigator Examiners, LR 19:1338 (October 1993), amended LR 27:564 (April 2001).AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3505(B)(1).