Iowa Administrative Code
Agency 351 - Ethics and Campaign Disclosure Board, Iowa
Chapter 11 - Contested Case Procedures
Rule 351-11.16 - Continuances

Universal Citation: IA Admin Code 351-11.16

Current through Register Vol. 47, No. 6, September 18, 2024

Unless otherwise provided, applications for continuances shall be made by the presiding officer

(1) Form. A written application for a continuance shall:

a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies;

b. State the specific reasons for the request; and

c. Be signed by the requesting party or the party's representative.

An oral application for a continuance may be made if the presiding officer waives the requirement for a written motion. However, a party making such an oral application for a continuance must confirm that request by written application within five days after the oral request imless that requirement is waived by the presiding officer No application for continuance shall be made or granted without notice to all parties except in an emergency when notice is not feasible. The board may waive notice of such requests for a particular case or an entire class of cases.

(2) Considerations for granting continuance. In determining whether to grant a continuance, the presiding officer shall consider:

a. Prior continuances;

b. The interest of all parties;

c. The likelihood of informal settlement;

d. The existence of an emergency;

e. Any objection;

f. Any applicable time requirements;

g. The existence of a conflict in the schedules of counsel, parties, or witnesses;

h. The timeliness of the request; and

i. Other relevant factors.

The presiding officer may require documentation of any grounds for continuance.

Disclaimer: These regulations may not be the most recent version. Iowa 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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