Lawriter - OAC - 4759-8-07 Continuance of hearing.

4759-8-07 Continuance of hearing.

(A) The board or the board through its attorney hearing examiner, 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 serve the interest of justice.

(B) The attorney hearing examiner or presiding board member may continue a hearing upon the motion of a representative of record.

(C) Hearings shall not be continued upon motion by a representative unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, consideration shall be given to harm to the public which may result from delay in proceedings. In no event will a motion for a continuance by a representative, requested less than five days prior to the scheduled date of the hearing, be granted unless it is demonstrated that an extraordinary situation exists which could not have been anticipated and which would justify the granting of a continuance.

(D) No continuance of an adjudicatory hearing under section 4759.09 of the Revised Code shall be granted without the written agreement of the respondent or his representative and the board.

(E) If a continuance is granted, the attorney hearing examiner or presiding board member shall immediately establish a new hearing date, unless circumstances prohibit.

(F) Hearings shall not be continued due to the unavailability of a subpoenaed witness without approval of the attorney hearing examiner or presiding board member. The hearing record may be held open to accept a deposition in lieu of oral testimony of a subpoenaed witness. The procedures set forth in rule 4759-8-19 of the Administrative Code shall apply to any deposition taken pursuant to this rule.

(G) No adjudication hearing shall be continued for more than ninety days for the purpose of exchanging witness or document lists to the extent provided in rule 4759-8-16 of the Administrative Code unless the board or attorney hearing examiner finds in writing that such exchange was diligently pursued but was not completed due to the unusual circumstances of the case.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 119, 4759.09, 4759.07(A)(1)
Prior Effective Dates: 03/15/03