4761:1-12-14 Continuance of hearing.

(A) Except in matters of summary suspension under division (B) of section 4752.09 of the Revised Code, the appointed hearing officer, or the board through its hearing examiner, shall initially 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 appointed hearing officer or the hearing examiner may continue a hearing upon the motion of a representative of record.

(C) Hearings shall not be continued upon motion by a representative unless 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.

(D) Upon proper motion, the hearing record may be held open to accept a deposition in lieu of oral testimony or a subpoenaed witness upon proper motion.

(E) Continuances whenever possible shall be sought no later than three days before a hearing. Failure to request a continuance more than three days before the scheduled hearing date will be grounds for denial of the request, unless the moving party is able to show reasonable cause and proper diligence and no harm to the public will result.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09
Prior Effective Dates: 05/23/2005