4723-16-03 Hearing continuances and motions for extensions of time.

(A) The board may continue a hearing upon its own motion in order to more efficiently and effectively conduct its business, unless the circumstances establish that a continuance would not be in the interest of public safety.

(B) Upon written or oral motion of a representative of record, the hearing examiner assigned to the proceeding may continue the hearing. If a continuance is granted, the board or the hearing examiner shall immediately establish a new hearing date unless otherwise agreed by the representatives of record.

(C) A hearing shall not be continued upon motion by a representative of record unless a showing of reasonable cause and proper diligence is presented. Before granting a continuance, consideration shall be given to the harm to the public that may result from a delay in the proceedings.

(D) A motion for continuance filed by a representative of record fewer than five calendar days prior to the scheduled date of the hearing will only be granted, if it is demonstrated that an extraordinary situation exists that could not have been anticipated and that would justify the granting of a continuance.

(E) Except as otherwise provided in Chapter 119. of the Revised Code or rules of the board, any motion or request for an extension of time in which to file a motion, brief, or objection, unless made upon the record at the hearing, shall be made in writing and filed with the board. The decision with respect to a request for an extension of time shall be rendered by the hearing examiner or the board.

(F) No motion for an extension of time shall be granted by the board or the hearing examiner unless:

(1) The party filing the motion makes a showing of reasonable cause and proper diligence; and

(2) If the extension of time will result in a delay in the proceedings, the respondent’s representative of record can show that no harm to the public will result from the delay in the proceedings.

(G) In making a determination about harm to the public, the board or the hearing examiner may consider whether the respondent holds an active license or certificate to practice in Ohio.

HISTORY: Eff 2-1-00; 2-1-03; 2-9-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 4723.07

Rule amplifies: RC 4723.28

R.C. 119.032 review dates: 10/14/2004 and 02/09/2010