1. (a) Requirements for motions for continuance.

   1. (1) Unless otherwise ordered by the presiding officer, motions for continuance of the hearing on the merits must be in writing and must be filed not less than five days prior to the hearing.

   2. (2) Motions for continuance must:

      1. (A) set forth the specific grounds for which the moving party seeks continuance; and
      2. (B) refer to all other motions for continuance filed by the moving party in the proceeding.
   3. (3) The moving party must attempt to contact all other parties and must state in the motion each party that was contacted and whether that party objects to the relief requested.
2. (b) Burden of proof. The moving party has the burden of proof with respect to the need for the continuance at issue.

3. (c) Requirements for granting motions for continuance.

   1. (1) A continuance will not be granted based on the need for discovery if the party seeking the continuance previously had the opportunity to obtain discovery from the person from whom discovery is sought, except when necessary due to surprise or discovery of facts or evidence which could not have been discovered previously through reasonably diligent effort by the moving party.
   2. (2) The presiding officer may grant continuances provided that any continuance is consistent with any applicable statutory deadline.
   3. (3) A motion for continuance agreed to by all parties may be filed within five days of the hearing on the merits, and must state suggested dates for rescheduling of the hearing.

Source Note:The provisions of this §22.79 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective February 25, 2026, 51 TexReg 1052.