Motions for continuance or withdrawal regarding matters which have been set for hearing shall be in writing, shall be filed with the hearings clerk, and shall be served on parties not less than five days prior to the designated date that the matter is to be heard. Such motions shall set forth under oath the specific grounds upon which the movant seeks such action and shall make reference to all prior motions of the same nature filed in the proceeding. The movant shall include a statement that the other party or parties have been contacted and whether they have opposition to it. The movant shall also provide an agreed list of suggested future dates for consideration by the administrative law judge. Except for good cause, failure to comply with the provisions of this section may be construed as lack of diligence on the part of the movant, and at the discretion of the administrative law judge, may result in the denial of the motion or other requested relief with prejudice to refiling.

Source Note:The provisions of this §1.17 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747.