102-9-05 Continuances.

(A) The commission may continue a hearing upon its own motion or the motion of any party, for good cause shown.

(1) Requests for continuance will be in writing and addressed to the chair of the commission or the hearing officer assigned to the case in accordance with rule 102-9-09 of the Administrative Code. The request must be made not later than five calendar days prior to the scheduled date of the hearing. The commission or hearing examiner may waive the five-day requirement for good cause shown.

(2) Each party must contact all of the witnesses subpoenaed by that party and inform them of any continuance.

(B) If a continuance is granted, the commission will establish a new hearing date, and the time within which a hearing must be held shall be extended by the period of any continuance granted.

(C) Absent compelling circumstances, hearings will not be continued due to the unavailability of a subpoenaed witness. The commission may hold the record open or accept a deposition in lieu of oral testimony.

Replaces: 102-7-08

R.C. 119.032 review dates: 01/13/2012 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05, 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 6/8/81, 1/1/02