4.1.885 Continuances or Record Extensions.
A. Grounds.
1. Prior to or at the initial hearing, an applicant shall receive a continuance upon any request if accompanied by a corresponding extension of the 120-day review period. If a continuance request is made after the published or mailed notice has been provided by the City, but at least seven days prior to the hearing, the hearing place shall be posted with notification of cancellation and a revised notice with the new hearing date, place and time shall be mailed to all persons who received the original notification. The applicant shall be responsible for any costs for providing notice of the continuance. If a continuance request is made less than seven days prior to the hearing, the Hearings Body shall take evidence at the scheduled hearing date from any party wishing to testify at that time after notifying those present of the continuance.
2. Any party is entitled to a continuance of the initial evidentiary hearing or to have the record left open in such a proceeding in the following instances:
a. Where additional documents or evidence are submitted by any party; or
b. Upon a party’s request made prior to the close of the hearing for time to present additional evidence or testimony.
For the purposes of subsection (A)(2) of this section, additional documents or evidence shall mean documents or evidence containing new facts or analysis that are submitted after notice of the hearing.
B. Except for continuance requests made under subsection (A)(1) of this section, the choice between granting a continuance or leaving the record open shall be at the discretion of the Hearings Body. After a choice has been made between leaving the record open or granting a continuance, the hearing shall be governed thereafter by the provisions that relate to the path chosen.
C. Hearing Continuances.
1. If the Hearings Body grants a continuance, the hearing shall be continued to a date, time and place certain at least seven days from the date of the initial hearing.
2. An opportunity shall be provided at the continued hearing for persons to rebut new evidence and testimony received at the continued hearing.
3. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to allow submittal of additional written evidence or testimony. Such additional written evidence or testimony shall be limited to evidence or testimony that rebuts the new written evidence or testimony.
D. Leaving Record Open. If at the conclusion of the hearing the Hearings Body leaves the record open for additional written evidence or testimony, the Hearings Body shall allow for response to written evidence or testimony submitted during the period the record is held open.
E. A continuance or record extension granted under this section shall be subject to the 120-day time limit unless the continuance or extension is requested or otherwise agreed to by the applicant. When the record is left open or a continuance is granted after a request by an applicant, the time period during which the 120-day review period is suspended shall include the time period made available to the applicant and any time period given to parties to respond to the applicant’s submittal. [Ord. NS-2122, 2009; Ord. NS-2016, 2006]