N.H. Code Admin. R. Env-WtC 206.09

Current through Register No. 25, June 20, 2024
Section Env-WtC 206.09 - Continuance
(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 continuance of a hearing made in advance of the hearing shall:
(1) Be in writing;
(2) State the reason(s) for the request;
(3) Be filed at least 7 days before 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 a 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 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, or representative, or 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) All orders for continuance shall specify the time and place at which the hearing shall be reconvened. The council shall provide notice of a rescheduled hearing on the appeal in accordance with Env-WtC 206.02 and of other related hearings in such a manner as is appropriate to ensure that reasonable notice of at least 10 days shall be given of the time and place of the continued hearing.

N.H. Code Admin. R. Env-WtC 206.09

#8534, eff 12-30-05; renumbered by #9214 (formerly Env-WtC 206.07 ); ss by #9347, eff 12-10-08