Section Env-C 204.21 - Rescheduling or Continuing Oral Adjudicative Hearings; Extension of Deadlines in Record Hearings(a) Any participant in an adjudicative proceeding in which an oral adjudicative hearing has been scheduled or for which deadlines in a record hearing have been set may request the presiding officer to reschedule the hearing or extend the deadlines, as applicable, for reasonable cause. Reasonable cause shall include, but not be limited to, that an individual participant, a representative, or critical witness is unavailable or that the participants believe a settlement is possible and need more time to resolve the matter.(b) Prior to requesting the rescheduling of an oral adjudicative hearing or the extension of deadlines in a record hearing, the participant shall seek concurrence with the request from the other participant(s).(c) A request to reschedule an oral adjudicative hearing or to extend the deadlines in a record hearing shall:(2) Be made as much in advance of the hearing or deadline, as applicable, as practicable given the reason for the request; and(3) State whether the other participant(s) agree to the request.(d) The participant making the request shall serve a copy of the request on each other participant in accordance with Env-C 204.08.(e) The presiding officer shall notify the participants of his/her ruling on a request that is filed in accordance with (a) - (d), above, in advance of the hearingor deadline, as applicable. If the request is not received sufficiently in advance of the hearing or deadline, as applicable, to allow a decision to be mailed and received prior to the scheduled hearing date or deadline, as applicable, the presiding officer shall inform the participants of the ruling by telephone, fax, or e-mail.(f) If the need for an oral adjudicative hearing to be continued arises after the start of the hearing or within such time of the hearing as to make filing a written motion impracticable, a participant may request a continuance orally on the record.(g) The presiding officer shall grant the requested continuance if s/he determines that reasonable cause exists and that any prejudice caused by granting the request would be outweighed by any prejudice caused by denying the request.(h) If the presiding officer grants a request for a continuance made orally on the record and the date, time, and place for the continued hearing are known at the time of the hearing that is being continued, the presiding officer shall state the new date, time, and place on the record. If such later date, time, and place are not known at the time of the hearing that is being continued, the presiding officer shall notify all participants, all representatives that have filed an appearance in accordance with Env-C 204.07, and all other persons who received the notice of the original hearing pursuant to Env-C 204.06(e), in accordance with (e), above.N.H. Code Admin. R. Env-C 204.21
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07