- (a) If, upon being advised of the complaint by the office, the respondent believes that more than 20 days is required to provide a response to the allegations contained in the complaint, the respondent shall forthwith file a motion with the office, copied to the claimant, requesting an extension of time for the submission of a response.
(b) The ombudsman shall grant the motion for extension of response date if the ombudsman concludes that:
- (1) The motion is not submitted solely for the purpose of delay; and
(2) It appears from the written pleadings that:
- a. If the motion were not granted, the entry of a conditional default would be likely;
- b. Granting the extension is likely to assist in reaching a fair and just resolution of the case; or
- c. The extension would afford the parties a reasonable opportunity to explore the possibility of an informal resolution of the case.
- (c) If a hearing is requested in regard to a motion to extend the response date, that request shall be clearly stated in the motion or objection.
- (d) Motions for extension of the response date shall be submitted at least 10 days prior to the date upon which the response would otherwise be due.
- (e) Objections to motions to extend response dates shall be in conformity with Rko 208.01.
- (f) A hearing shall not be held on a motion to extend a response date unless the ombudsman concludes that a hearing would be beneficial to the ombudsman’s understanding of issues involved in the motion or objection.
Source. #13921, eff 5-20-24