North Carolina Administrative Code
Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
Chapter 40 - OPTICIANS
Section .0400 - ADMINISTRATIVE HEARINGS
Section 40 .0422 - MOTIONS FOR CONTINUANCE

Universal Citation: 21 NC Admin Code 40 .0422

Current through Register Vol. 39, No. 6, September 16, 2024

(a) The Chair or presiding officer shall grant motions for a continuance of a hearing upon a showing of good cause. In determining whether good cause exists, the Chair or presiding officer shall consider the ability of the party requesting a continuance to:

(1) Proceed effectively without a continuance;

(2) Obtain legal counsel, and whether efforts to obtain counsel have been diligent;

(3) Obtain consent of the other party in the hearing;

(4) Have key witnesses that are unavailable for the hearing; and

(5) Have witnesses who have been served with a subpoena unavailable for the hearing.

(b) Motions for a continuance shall be in writing and shall be received in the office of the Board no less than seven calendar days before the hearing date.

(c) A motion for a continuance which is filed less than seven calendar days from the date of the hearing shall be denied, unless the reason for the motion could not have been ascertained earlier.

(d) Motions for continuance filed on the day of the hearing shall be ruled on by the Chair or presiding officer.

Authority G.S. 90-239;
Eff. September 1, 2012;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 22, 2018.

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