04 NCAC 24C .0207         RESCHEDULING A HEARING

(a)  An Appeals Referee may continue a hearing for "good cause" as defined in 04 NCAC 24A .0105. In addition to the reasons set forth in G.S. 96-15(d1), the reasons for which a continuance may be granted include, but are not limited to, the following:

(1)           illness; ;

(2)           death of an immediate family member. Immediate family member is defined as an individual's wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson, granddaughter, regardless of whether the relationship is a biological, adoptive, step-, half-, or in-law relationship;

(3)           a need to obtain an interpreter or translator;

(4)           a religious observance;

(5)           jury duty;

(6)           actively seeking legal representation;

(7)           appearance in another proceeding before the Division or the Board of Review;

(8)           active military duty;

(9)           a scheduling conflict created by or to accommodate return-to-employment activities of the claimant;

(10)         to accommodate the business needs of the employer;

(11)         a scheduling conflict of the Appeals Referee; or

(12)         based on the operation and scheduling needs of the Appeals Section.

(b)  Any request for continuance by a party prior to the hearing shall be made in writing to the Appeals Referee listed on the Appeals Hearing Notice, or where applicable, Order for Continuance or Order for Adjournment. The written request shall explain the reasons the request is being sought.

(c)  Unless the parties are notified by the Appeals Referee or the Appeals Section that a request for continuance has been granted, the hearing will be conducted as scheduled.

 

History Note:        Authority G.S. 96-4; 96-15;

Eff. July 1, 2015;

Amended Eff. June 1, 2022.