- (a) Any party to an adjudicative proceeding may make an oral or file a written motion with the presiding officer establishing good cause that a hearing or the time provided for the filing of any documents be continued to a later date or time. Written motions shall be filed at least 5 days before the hearing.
- (b) Good cause shall include but not be limited to the unavailability of parties, witnesses, or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement, or any other circumstances that demonstrate that a continuance will assist in resolving the case fairly.
- (c) If the later date, time, and place are known at the time the continuance is granted, the date, time, and place shall be stated on the record. If the later date, time, and place are not known at the time the continuance is granted, the presiding officer shall issue a written scheduling order stating the date, time, and place of the new hearing as soon as practicable.
(d) Any party to whom notice was served in accordance with this chapter who fails to appear and
- (1) Dismiss the proceeding if the party with the burden of proof fails to appear; or
- (2) Hear the testimony and receive evidence by offer of proof from the party with the burden of proof.
advise the commission of inability to appear prior to the start of the hearing at which evidence shall be presented, shall be in default. The presiding officer shall either:
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24