N.H. Code Admin. R. Env-AC 204.13

Current through Register No. 25, June 20, 2024
Section Env-AC 204.13 - Continuances
(a) Any party may request that a hearing conducted pursuant to this part be continued for reasonable cause and reconvened or rescheduled.
(b) Prior to filing a request for a continuance of a hearing made in advance of the hearing, the party seeking the continuance shall seek concurrence with the request from all other parties to the appeal.
(c) A request for a continuancemade in advance of a hearing shall:
(1) Be in writing;
(2) State the reason(s) for the request;
(3) Be filed at least 5 business days prior to the scheduled hearing date; and
(4) State whether the other parties to the appeal agree or disagree with the request or did not respond to the request for concurrence.
(d) A request for continuance made at a hearing may be made orally provided it is entered in the record of the hearing.
(e) The council shall grant the request if the council determines that reasonable cause exists and that no other party will be prejudiced by the delay.
(f) For purposes of this section, reasonable cause shall include, but not be limited to:
(1) Unavailability of an individual party, a representative, or critical witness;
(2) The parties believe that an informal resolution is possible and need more time to resolve the matter; or
(3) One or more of the parties are awaiting information, reports, data, or a related court decision which is material to the appeal.
(g) The council shall deny the request if the council determines that the request is not supported by reasonable cause.
(h) Grounds for determining that the request is not supported by reasonable cause shall include, but shall not be limited to:
(1) An individual party, representative, or critical witness is chronically unavailable;
(2) No progress towards a settlement has been demonstrated by the parties; or
(3) There have been repeated or unreasonable delays in obtaining information, reports, data, or a related court decision which is material to the appeal.
(i) All orders for continuance shall specify the time and place at which such hearing shall be reconvened. The presiding officer shall notify the parties and the public, if applicable, in such a manner as is appropriate to insure that reasonable notice shall be given of the time and place of such continued hearing.

N.H. Code Admin. R. Env-AC 204.13

#8267-A, eff 1-25-05