Section 465IAC3-3-18. Hearing continuances

   (a) A request by a party for continuance of a scheduled hearing date shall be submitted to the department hearing and appeals unit in writing and shall be served on each party to the proceeding. The request must:

(1) include the reason for the request; and

(2) be accompanied by adequate documentation of the reason for the request.

A request for continuance may include suggested alternative dates for rescheduling of the hearing that are mutually agreeable to the parties. The ALJ will consider an objection to a request for a continuance before a continuance is granted or denied. Continuance of a hearing will be granted and the hearing rescheduled at the discretion of the ALJ upon a showing of good cause.

  (b) Except as otherwise provided in this section, a request for continuance shall constitute a waiver of time deadlines otherwise applicable under this rule for scheduling and completing the hearing.

  (c) A continuance under this section of a scheduled hearing requested under section 3(a) of this rule by a child care worker or department employee, that is requested by a party other than the appellant, will not be granted except upon a showing of good cause based on a reason specified in subsection (e), that could not have been known or anticipated at the time the hearing was scheduled.

  (d) A continuance under this section of a scheduled hearing requested under section 3(b), 3(c), 3(d), or 3(f) of this rule will not be granted except upon:

(1) agreement of both the appellant and the child support bureau of the department, evidenced by a written stipulation or statements on the record at the time of the scheduled hearing; or

(2) a showing of good cause based on a reason specified in subsection (e), that could not have been known or anticipated at the time the hearing was scheduled.

  (e) Good cause, for purposes of subsections (c) and (d), includes any of the following reasons:

(1) Inability of the appellant, the appellant's attorney, the department's attorney or necessary representative, or a necessary witness to attend the hearing because of a serious illness, incapacitating injury, or other serious physical or mental condition.

(2) Death in the family of appellant, appellant's attorney, the department's attorney or necessary representative, or a necessary witness.

(3) Severe weather conditions making it impossible or unsafe for a party, the party's attorney or necessary representative, or a necessary witness to travel to the location of the hearing.

(4) Unavailability of a necessary witness whose evidence cannot be otherwise obtained, if the witness or evidence is anticipated to be available within a reasonable time.

(5) Any other reason of a similar nature that the ALJ finds to be compelling.

  (f) Nothing in this section limits the authority of an ALJ to reschedule any hearing without a request for continuance. (Department of Child Services; 465 IAC 3-3-18; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA)