§ 1081.115. Change of time limits.
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/us/cfr/t12/s§ 1081.115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as otherwise provided by law, the hearing officer may, in any proceeding before him or her, for good cause shown, extend the time limits prescribed by this part or by any notice or order issued in the proceedings. After appeal to the Director pursuant to § 1081.402, the Director may grant extensions of the time limits for good cause shown. Extensions may be granted on the motion of a party after notice and opportunity to respond is afforded all non-moving parties or on the Director's or the hearing officer's own motion, as appropriate.
(b)Considerations in determining whether to extend time limits or grant postponements, adjournments and extensions. Motions for extensions of time filed pursuant to paragraph
(a)of this section are generally disfavored. In determining whether to grant any motions, the Director or hearing officer, as appropriate, shall consider, in addition to any other relevant factors:
(1)The length of the proceeding to date;
(2)The number of postponements, adjournments or extensions already granted;
(3)The stage of the proceedings at the time of the motion;
(4)The impact of the motion on the hearing officer's ability to complete the proceeding in the time specified by § 1081.400(a); and
(5)Any other matters as justice may require.
(c)Time limit. Postponements, adjournments, or extensions of time for filing papers shall not exceed 21 days unless the Director or the hearing officer, as appropriate, states on the record or sets forth in a written order the reasons why a longer period of time is necessary.
(d)No effect on deadline for recommended decision. The granting of any extension of time pursuant to this section shall not affect any deadlines set pursuant to § 1081.400(a).
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§ 1081.115
Change of time limits.
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