La. Admin. Code tit. 46 § XXV-919

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXV-919 - Motions for Continuance of Hearing

A. A motion for continuance of hearing shall be filed within the delay prescribed by §917 of these rules, provided that the board may accept the filing of a motion for a continuance at any time prior to hearing upon a showing of good cause not discoverable within the time otherwise provided for the filing of pre-hearing motions.

B. A scheduled hearing may be continued by the board only upon a showing by respondent or the assistant attorney general that there are substantial legitimate grounds that the hearing should be continued. These grounds must balance the respondent's right to a reasonable opportunity to prepare and present a defense, with 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 ordinarily will not grant a motion to continue a hearing that has been previously continued upon motion of the same party. The board may, but is not required to continue a scheduled hearing, where both respondent and/or respondent's legal counsel and the assistant attorney general jointly request continuance.

C. If an initial motion for continuance is not opposed, it may be granted by the board's administrator.

La. Admin. Code tit. 46, § XXV-919

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 29:2393 (November 2003), amended LR 37:2622 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705.C.