(A) The department may continue a hearing on its own motion as provided by the rules in this chapter and Chapter 119. of the Revised Code.
(B) The parties may agree to a continuance for a period of not more than thirty calendar days. Such continuance shall be memorialized by the hearing officer. The hearing officer may grant a continuance of more than thirty calendar days if a showing of reasonable cause and proper diligence is presented.
(C) All motions for a continuance and any supporting documentation shall be filed with the department and served on both the hearing officer and opposing party.
(D) The hearing officer may continue a hearing upon a written motion of any party. Hearings shall not be continued upon motion by a party unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, the hearing officer shall consider the showing of reasonable cause and proper diligence along with the potential harm that may result from the granting of the motion. The hearing officer may grant a continuance if requested less than five business days prior to the scheduled date of the hearing only if it is demonstrated that an extraordinary situation exists which could not have been anticipated and which would justify the granting of a continuance.
(E) If a continuance is granted, the hearing officer shall immediately establish a new hearing date and notify the parties, in writing, of the new hearing date.
R.C. 119.032 review dates: 03/04/2009 and 03/04/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.31, 3319.311
Rule Amplifies: 3319.31, 3319.311
Prior Effective Dates: 9/25/04