N.H. Admin. Code § Pas 204.01

Current through Register No. 45, November 7, 2024
Section Pas 204.01 - Requests for Continuances
(a) A request for continuance of a hearing shall be made in writing and received by the board, absent exigent circumstances, at least 5 working days prior to the hearing.
(b) Exigent circumstances shall include:
(1) Serious illness;
(2) Hospitalization;
(3) Incarceration;
(4) Death of a family member; or
(5) Any other unforeseeable circumstance beyond the party's control that requires the party's absence from the scheduled hearing.
(c) Appearance by a representative of a party shall not waive the party's required presence at a hearing.
(d) The written request or motion shall contain but need not be limited to:
(1) The specific reason(s) for the request including issue(s) to be resolved and conflicts with scheduled court appearances;
(2) Optional dates and times when all interested parties shall be available;
(3) The identity of the requestor; and
(4) The name of the respondent.
(e) If a continuance is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

N.H. Admin. Code § Pas 204.01

#6320, eff 8-22-96; ss by #8132, eff 7-30-04