Section R13-11-106. Request to Vacate, Reschedule, or Continue Hearing; Reconvening a Hearing

A.      An applicant who wishes to request that the Board or its hear- ing officer vacate or reschedule a hearing shall submit a writ- ten request to the Board.

B.       The Board or its hearing officer shall give an applicant written notification if a hearing has been vacated or rescheduled.

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C.      Vacating a  hearing. The  Board or  its  hearing officer  may vacate a hearing if:

1.        The applicant no longer requires a good cause exception or central registry exception;

2.        The applicant withdraws the application by submitting a written notice to the Board; or

3.        Facts demonstrate to the Board or its hearing officer that it is appropriate to vacate the hearing if the action will further administrative convenience, expedience, and economy and does not conflict with law or cause undue prejudice to any party.

D.      Rescheduling a hearing. The Board or its hearing officer may reschedule a hearing if:

1.        The applicant shows that attending the calendared hear- ing would cause excessive or undue prejudice or hard- ship.

2.        The applicant shows that attending the calendared hear- ing would be impossible, using reasonable diligence.

3.        Facts demonstrate to the Board or its hearing officer that it is appropriate to reschedule the hearing for the purpose of administrative convenience, expedience, and economy and does not conflict with law or cause undue prejudice to any party.

E.       Continuing a hearing. When ruling on a motion to continue a hearing, the Board or its hearing officer shall consider such factors as:

1.        The reasons for continuing the hearing; and

2.        Whether the continuance will cause undue prejudice to any party.

F.       Reconvening a hearing. The Board or its hearing officer may recess a hearing and reconvene at a future date by a verbal rul- ing.

Historical Note

New Section R13-11-106 renumbered from R13-11-105 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Former Section R13-11-106 renum- bered to R13-11-110; new Section R13-11-106 made by exempt rulemaking at 9 A.A.R. 4449, effective Septem- ber 26, 2003 (Supp. 03-3). Amended by exempt rulemak-

ing at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-

3).