La. Admin. Code tit. 46 § XLV-11119

Current through Register Vol. 50, No. 6, June 20, 2024

Section XLV-11119 - Motions for Continuance of Hearing

A. A motion for continuance of hearing shall be filed within the delay prescribed by §11117 of these rules, provided that the committee 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 prehearing motions.

B. A scheduled hearing may be continued by the committee 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 the respondent to a reasonable opportunity to prepare and present a defense to the complaint and the committee's responsibility to protect the public health, welfare, and safety. Except in extraordinary circumstances evidenced by verified motion or accompanying affidavit, the committee 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 investigating officers.

La. Admin. Code tit. 46, § XLV-11119

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 22:197 (March 1996).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1311-1329 and 37:1270(A)(5).