(1) Any party to a community custody violation hearing who desires a continuance shall notify the board in writing and state the reasons why the continuance is necessary. If represented by counsel, all continuance requests by the individual must come from the representing counsel.
(2) Requests for continuances must be received by the board at least one business day prior to the scheduled hearing. The presiding officer shall consider whether the request was timely and made for good cause and whether the individual will be substantially prejudiced in the presentation of their defense.
(3) The board may continue a hearing on its own motion if local prosecution is pending or if other circumstances require rescheduling.
(4) The board will notify all parties when continuances are granted.
(5) During a community custody violation hearing, the presiding officer may, in their discretion or upon motion of a party, continue the hearing for the introduction of additional evidence, presentation or argument.
[Statutory Authority: RCW 34.05.030 (1)(c). WSR 24-12-050, § 381-100-260, filed 5/31/24, effective 7/1/24. Statutory Authority: RCW 34.05.220 (1)(b). WSR 09-08-109, § 381-100-260, filed 3/31/09, effective 5/1/09.]
Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.