Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES
Subpart E - ADULT PROTECTIVE SERVICE REGISTRY
Section 270.436 - Continuances
Universal Citation: 89 IL Admin Code ยง 270.436
Current through Register Vol. 48, No. 12, March 22, 2024
a) Procedure for Requesting a Continuance
1) Any party to a
hearing may request to continue a hearing. Each request will be made part of
the record.
2) Any request to
continue a hearing is to be made to the Department/other entity under this
Subpart at least 5 business days before the scheduled hearing date, except in
unavoidable circumstances.
b) Contents of the Request
A request to continue is to state the specific reason the hearing date should be changed.
c) Standards for Granting a Request
1) A party's request for continuance may be
granted for good cause, which includes:
A)
Imminent danger to the public health, safety or welfare;
B) Unavoidable absence of an essential
party;
C) A material change in the
case that would otherwise prevent the proper preparation of a party's case or
an answer; or
D) When failure to
continue the hearing would be a hardship for a party.
2) Good cause generally excludes an
attorney's or party's scheduling conflicts that arise after the hearing has
been scheduled. It also excludes a need for time to complete discovery, unless
an emergency or manifestly unjust condition (such as improper withholding of
evidence) prevented completion of discovery before the originally scheduled
hearing date.
d) Limitations on Continuances
1) In all cases,
the parties, the Department, and the ALJ will avoid unduly delaying the
proceedings with repetitious continuances.
2) When a continuance is justified, its
length and scope will be no greater than what is reasonably necessary under the
circumstances.
A) The parties should complete
as much of the hearing as possible on the original scheduled hearing
date.
B) The hearing will be
rescheduled for the earliest reasonably practicable date.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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