New Hampshire Code of Administrative Rules
Man - Board of Manufactured Housing
Chapter Man 200 - RULES OF PROCEDURE
Part Man 208 - NOTICE OF HEARING; APPEARANCE; PREHEARING CONFERENCE
Section Man 208.09 - Continuances

Universal Citation: NH Admin Rules Man 208.09

Current through Register No. 40, October 3, 2024

(a) Any party to a hearing may make an oral or written motion for a continuance requesting that a hearing be postponed to a later date or time.

(b) Requests to continue a hearing shall:

(1) Be filed no later than 14 days prior to the date of the hearing as set forth in the hearing notice except when a later filing is justified by accident, mistake, or misfortune;

(2) State with specificity the reason for the continuance request;

(3) As applicable, comply with Man 208.09(d), (e) and (f) below;

(4) State whether the other party consents to the continuance,

(5) State when the matter can be rescheduled; and

(6) If filed by an attorney or agent, state:
a.The client has been advised of the continuance request and the reasons therefor;

b.The client has been sent a copy of the continuance motion; and

c.The client has consented to the continuance.

(c) The board shall not be bound by the other party's concurrence to the continuance request but shall decide the continuance based on circumstance conveyed by the request.

(d) If the continuance request is based on a conflicting court or other tribunal's hearing, the motion shall state:

(1) The date and time, case name, docket number and court or tribunal of the other matter;

(2) The substance of the other hearing;

(3) Whether a continuance of the other matter has been sought and the results of that request; and

(4) Whether anyone else could cover either the board's hearing or the other hearing.

(e) If the continuance request is based on inability to procure or present material evidence, by testimony or by documents, the motion shall:

(1) State the name of the witness or document;

(2) State the nature of the evidence;

(3) State the reason for its unavailability;

(4) State the steps taken to procure the evidence for the hearing; and

(5) Include a statement that the other party has been consulted about whether the evidence can be received without live testimony.

(f) If the continuance request is based on illness or injury, the motion shall state sufficient medical information to allow the board to determine whether a continuance is warranted. This information shall include the nature of the illness or injury and the name and address of the treating physician. Special exception shall be made when the untimeliness of the sickness or injury precludes the 14 day requirement as set forth in (b) (1) above.

(g) 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.

(h) If the later date, time, and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time, and place of the postponed hearing as soon as practicable.

#8286-A, eff 2-16-05

Disclaimer: These regulations may not be the most recent version. New Hampshire 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.