Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-109 - Extension of Time and Continuance of Hearing
Universal Citation: UT Admin Code R 151-4-109
Current through Bulletin 2024-06, March 15, 2024
(1) When ruling on a motion or request for extension of time or continuance of a hearing, the presiding officer shall consider:
(a) whether there is good cause for
granting the extension or continuance;
(b) the number of extensions or continuances
the requesting party has already received;
(c) whether the extension or continuance will
work a significant hardship upon the other party;
(d) whether the extension or continuance will
be prejudicial to the health, safety or welfare of the public; and
(e) whether the other party objects to the
extension or continuance.
(2)
(a)
Except as provided in Subsection
R151-4-109(2)(b),
an extension of a time period or a continuance of a hearing may not result in
the hearing being concluded more than 240 calendar days after the day:
(i) the notice of agency action was issued;
or
(ii) the initial decision as to
a request for agency action was issued.
(b) An extension of a time period or a
continuance may exceed the time restriction in Subsection
R151-4-109(2)(a)
if:
(i)
(A)
a party provides an affidavit or certificate signed by a licensed physician
verifying that an illness of the party, the party's counsel, or a necessary
witness precludes the presence of the party, the party's counsel, or a
necessary witness at the hearing;
(B) counsel for a party withdraws shortly
before the final hearing, unless the presiding officer finds the withdrawal was
to delay the hearing; in that case the hearing will go forward with or without
counsel;
(C) a parallel criminal
proceeding or investigation exists based on facts at issue in the
administrative proceeding; in that case the continuance shall address the
expiration of the continuance upon the conclusion of the criminal proceeding;
or
(D) the board or commission
designated to act as the factfinder at hearing is unavailable to meet on a date
that:
(I) allows the parties a reasonable
period for discovery, motion practice, or hearing preparation; and
(II) falls within the 240-day deadline for
resolution; and.
(ii) the presiding officer finds that
injustice would result from failing to grant the extension or
continuance
(3) The failure to conclude a hearing within the required time period is not a basis for dismissal.
(4) The presiding officer may not grant an extension of time or continuance if a statute or rule does not authorize it.
(5) The factors in Subsection (1) do not apply to a request for agency review filing made pursuant to Subsection R151-4-901(1)(a). Subsection R151-4-901(1)(c) governs a request for an extension to file a request for agency review.
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