Section R20-5-156. Continuance of Hearing

A.      A party may request a continuance of a scheduled hearing. If a party shows good cause, a presiding administrative law judge may grant a request that a hearing be continued.

B.       If at the conclusion of a hearing a party seeks to continue the hearing to introduce additional evidence, the party shall state specifically and in detail:

1.        The nature and substance of the additional evidence,

2.        The names and addresses of additional witnesses, and

3.        The reason the party was unable to produce the evidence or witnesses at the hearing.

C.      A presiding administrative law judge may deny a request for a continuance under subsection (B) if the presiding administra- tive law judge determines that, with the exercise of due dili- gence, the evidence or testimony could have been produced or the evidence or testimony would be cumulative, immaterial, or unnecessary.

D.      A presiding administrative law judge may, on the judge’s own motion, continue a hearing and order further examinations or investigations that the judge determines are warranted.

E.       If more than 40 days before the first scheduled hearing, a pre- siding administrative law judge reschedules the hearing dis- covery and filing deadlines under this Article shall be calculated with respect to the new hearing date.

F.       If less than 40 days before the first scheduled hearing, a pre- siding administrative law judge reschedules the hearing dis- covery and filing deadlines under this Article shall be calculated with respect to the original hearing date.

Historical Note

Former Rule 56. Amended effective March 1, 1987, filed

February 26, 1987 (Supp. 87-1). R20-5-156 recodified from R4-13-156 (Supp. 95-1). Amended by final rulemaking at 7 A.A.R. 3966 and 7 A.A.R. 4995, effec-

tive August 17, 2001 (Supp. 01-3).