Authority: IC 4-21.5-7-7

Affected: IC 4-21.5-3-34; IC 4-21.5-3-35

Sec. 12. (a) Unless prohibited by statute, the presiding ELJ may grant a continuance of a prehearing conference, status conference, stay hearing, or hearing as follows:

1. (1) Upon the motion of a party to the proceeding:

   1. (A) at least five (5) days in advance of the date of the prehearing conference, status conference, stay hearing, or hearing; or
   2. (B) for a showing of good cause for a shorter time period.
2. (2) After notice to all other parties.
3. (3) After consideration of prejudice to other parties.

The party requesting the continuance shall state in the motion what efforts were made to contact the other parties and whether any other party objects to the motion.

(b) A motion to continue a hearing because of the absence of evidence must be made upon affidavit and must show the following:

1. (1) The materiality of the evidence expected to be obtained.
2. (2) That due diligence has been used to obtain the evidence.
3. (3) The possible location of the evidence.

4. (4) If based on the absence of a witness, the following:

   1. (A) The name and address of the witness, if known.
   2. (B) The probability of procuring the testimony in a reasonable time.

   3. (C) That absence of the witness was not procured by:

      1. (i) the party; or
      2. (ii) others at the request, knowledge, or consent of the party.
   4. (D) What facts the party believes to be true.
   5. (E) That the party is unable to prove the facts by another witness whose testimony can be readily procured.

(c) If, upon the receipt of a continuance motion under subsection (b), the adverse party stipulates to the truth of the facts the party seeking the continuance indicated could not be presented, the hearing shall not be continued.

(Office of Environmental Adjudication; 315 IAC 1-3-12; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3737; errata, 21 IR 4215; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 475; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR- 315220160RFA)