1. (1) When ruling on a motion or request for extension of time or continuance of a hearing, the presiding officer shall consider:

   1. (a) whether there is good cause for granting the extension or continuance;
   2. (b) the number of extensions or continuances the requesting party has already received;
   3. (c) whether the extension or continuance will work a significant hardship upon the other party;
   4. (d) whether the extension or continuance will be prejudicial to the health, safety or welfare of the public; and
   5. (e) whether the other party objects to the extension or continuance.

2. (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:

   1. (i) the notice of agency action was issued; or

      1. (ii) the initial decision as to a request for agency action was issued.

   2. (b) An extension of a time period or a continuance may exceed the time restriction in Subsection R151-4-109(2)(a) if:

      1. (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;

         1. (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;
         2. (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
         3. (D) the board or commission designated to act as the factfinder at hearing is unavailable to meet on a date that:
         4. (I) allows the parties a reasonable period for discovery, motion practice, or hearing preparation; and
         5. (II) falls within the 240-day deadline for resolution; and
      2. (ii) the presiding officer finds that injustice would result from failing to grant the extension or continuance.
3. (3) The failure to conclude a hearing within the required time period is not a basis for dismissal.
4. (4) The presiding officer may not grant an extension of time or continuance if a statute or rule does not authorize it.
5. (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.

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Last Change: January 10, 2024

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)