NAC284.786. Continuances.

     1. Hearings may be continued beyond the period originally scheduled or recessed until a future date which is agreeable to the hearing officer and the parties if good cause is shown.

     2. A party may request a continuance not later than 5 business days before the date of the scheduled hearing by filing a written motion or stipulation with the hearing officer. Notice of the motion or stipulation and a copy of the motion or stipulation must be sent to each party to the hearing and to the Division of Human Resource Management.

     3. A party may contest a request for a continuance submitted by another party by filing a written motion with the hearing officer not later than 2 business days after receiving the notice of the request for a continuance. Notice of the motion and a copy of the motion must be sent to each party to the hearing and to the Division of Human Resource Management.

     4. A hearing officer shall not grant a continuance requested on the day of a scheduled hearing, unless:

     (a) The hearing officer, any party, the legal counsel for a party or a primary witness cannot attend the hearing because of an emergency;

     (b) The hearing exceeds the time allotted for the day; or

     (c) The hearing officer recesses the hearing until a future date.

     5. If a hearing officer recesses a hearing until a future date pursuant to a request for a continuance which is filed on the day of the scheduled hearing, the hearing must be held not later than 20 business days after the date of the request for a continuance, unless there is a conflict with the schedule of the hearing officer.

     [Personnel Div., Hearings Procedures § (A) subsec. (9), eff. 11-28-65; A 6-9-74]—(NAC A by Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R192-09, 6-30-2010, eff. 7-1-2010)