New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 200 - DEPARTMENT OF LABOR HEARINGS
Part Lab 203 - GENERAL RULES OF PRACTICE
Section Lab 203.05 - Continuances

Universal Citation: NH Admin Rules Lab 203.05

Current through Register No. 40, October 3, 2024

(a) If a continuance is necessary, the party requesting the continuance shall:

(1) State the reason for the request and provide a copy in writing to all parties to the hearing, including the department, at least 7 calendar days prior to the scheduled hearing;

(2) State the specific reason for the request;

(3) State that concurrence to the request has been sought from the opposing party;

(4) State if opposing party objects, consents, or takes no position on the request and

(5) State all attempts that were made to contact opposing party, if unable to contact opposing party.

(b) Upon the filing of the request for a continuance, as per Lab 203.05(a), the commissioner or designated representative shall review the pleading and determine if a compelling need exists to grant the continuance, such as:

(1) The injured employee cannot attend due to the need for medical treatment;

(2) A key witness cannot attend;

(3) Counsel for any party has an unexpected conflict with a trial scheduled in a state or federal court and no other counsel is available to replace the attorney; or

(4) Some other circumstance arises affecting one party to the hearing that would make it inequitable to hold the hearing.

(c) A hearing shall be continued in the absence of the above process only in an emergency situation, as determined by the labor commissioner or the commissioner's representative for reasons such as severe weather, death in the family, traffic accidents, and illness.

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New . #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07

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