R137-1-9. Hearing Dates, Continuance/Extension of Time

  (1) Once the administrator has made an initial determination that the CSRO has authority to review or decide a grievance or appeal, for grievances filed under Sections 67-19a-202(1) and 67-19a-202(2), the administrator shall set a date for an evidentiary Level 4 hearing that is:

  (a) within 30 days of the administrator's determination; or

  (b) if agreed to by the parties, no more than 150 days from the administrator's determination date.

  (2) Notwithstanding Subsection (1), after the evidentiary hearing date has been set, each party may be granted one continuance or extension of time for the hearing, provided there are extraordinary circumstances justifying such continuance or extension. A party desiring an extension of time or a continuance of the evidentiary hearing shall file a written request with the administrator or appointed hearing officer.

  (a) Every petition for a continuance shall specify the reason for the requested delay.

  (b) In considering a request for continuance, the administrator or the appointed CSRO hearing officer shall take into account:

  (i) whether the request was timely made in writing; and

  (ii) whether the request is based on extraordinary circumstances.

  (3) Inattention or lack of preparation does not constitute extraordinary circumstances justifying a continuance or extension of time of the evidentiary hearing.