1. (a) If a continuance is necessary, the party requesting the continuance shall:

   1. (1) Clearly state the reason for the request and provide a copy in writing to all parties to the hearing, including the department or applicable board, at least 7 calendar days prior to the scheduled hearing;
   2. (2) State that concurrence to the request has been sought from the opposing party. If no response was received, the moving party shall outline all attempts made to contact the opposing party; and
   3. (3) State if the opposing party objects, consents, or takes no position on the request.

2. (b) Upon the filing of the request for a continuance, pursuant to (a), above, the labor commissioner, the labor commissioner’s designee, or board as applicable shall review the pleading and determine if a compelling need exists to grant the continuance, such as:

   1. (1) A party cannot attend due to the need for medical treatment;
   2. (2) A key witness cannot attend;
   3. (3) Counsel for any party has an unexpected conflict with a case pending in another forum and no other counsel is available to replace the attorney; or
   4. (4) Some other circumstance arises affecting one party to the hearing that would make it inequitable to hold the hearing.

3. (c) A hearing shall be continued in the absence of the above process only in an emergency situation, as determined by the labor commissioner, the labor commissioner’s designee, or board as applicable for the following reasons:

   1. (1) Serious illness;
   2. (2) Hospitalization;
   3. (3) Incarceration;
   4. (4) Death of a family member;
   5. (5) Severe weather; or
   6. (6) Any other unforeseeable circumstance beyond the party’s control that justifies the party’s absence from the scheduled hearing.
4. (d) Notwithstanding the above, the parties may jointly request a continuance based on the likelihood that the matter will settle without need for the scheduled hearing.

Source. (See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26