4779-11-03 Hearing continuance.

(A) The board may 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 be in the interest of public safety.

(B) Upon written or oral motion of respondent or respondent's representative of record, the hearing examiner assigned to the proceeding may continue the hearing.

(C) A motion for continuance shall be filed not later than fourteen calendar days prior to the scheduled date of the hearing.

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

(E) In no event will a motion for continuance filed by respondent or respondent's representative of record less than five calendar 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.

(F) If a continuance is granted, the board or the hearing examiner assigned to the proceeding shall immediately establish a new hearing date unless circumstances prohibit.

(G) When a hearing has been continued, the board shall make a reasonable attempt to notify all of the witnesses subpoenaed for a hearing.

R.C. 119.032 review dates: 12/27/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: 4779.08
Rule Amplifies: 119.06 , 119.09 , 4779.08 , 4779.28
Prior Effective Dates: 01/23/03