Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76h - Due process › Section 10-76h-9 - Postponements and extensions

Current through July 10, 2024
Requests for postponements of scheduled hearing dates or for
				  extensions of deadlines established by the hearing officer, including but not
				  limited to dates for submission of exhibits, the date for filing briefs, the
				  date for mailing of the decision, or any other deadline, shall be as
				  follows:
(a) A party requesting a
				postponement or extension of a previously set date, except for a party
				requesting an extension of the forty-five day decision timeline on account of
				an asserted need for additional hearing dates, shall submit a request in
				writing to the hearing officer no later than 5:00 p.m. five business days prior
				to the scheduled hearing or deadline date unless a compelling reason is shown
				for a later request. The request for postponement or extension shall set forth
				the reason for the request. It shall also indicate what efforts the moving
				party has made to contact the opposing party or the opposing party's
				representative and whether the opposing party agrees or objects to the
				postponement or extension.
(b) An
				opposing party who wishes to object to a request for a postponement or
				extension made pursuant to subsection (a) of this section shall object in
				writing stating the reason for the objection and shall submit such written
				objection to the hearing officer no later than 5:00 p.m. no later than two
				business days before the scheduled hearing or deadline unless compelling reason
				is shown for a later objection.
(c)
				A party requesting an extension of the forty-five day decision timeline on
				account of an asserted need for additional hearing dates should do so in
				writing, pursuant to the procedures in subsection (a) of this section, unless
				requested on the record and permitted by the hearing officer. The hearing
				officer may, consistent with the requirements of due process, entertain an oral
				motion for an extension of the forty-five day decision timeline based on an
				asserted need for additional hearing dates.
(d) The hearing officer may grant a request
				for postponement or extension pursuant to subsections (a) or (c) of this
				section only after fully considering the cumulative impact of the following
				factors:
(1) the extent of danger to the
				child's educational interest or well being which might be occasioned by the
				delay;
(2) the need of a party for
				additional time to prepare and present the party's position at the hearing in
				accordance with the requirements of due process;
(3) any financial or other detrimental
				consequences likely to be suffered by a party in the event of delay;
				and
(4) whether there has already
				been a delay in the proceeding through the actions of one of the parties.
Absent compelling reason or a specific showing of substantial
				  hardship, a request for a postponement or extension shall not be granted
				  because of continued settlement discussions between the parties, except as
				  provided in subsection (e) of this section, school vacations, attorney
				  vacations and other similar reasons. Agreement of the parties is not a
				  sufficient basis for granting a postponement or extension.