1. (a) A continuance of a hearing may be ordered at the discretion of the hearing officer if:

   1. (1) there is insufficient evidence upon which to make a decision;
   2. (2) a party needs additional time to examine evidence presented at the hearing;
   3. (3) the hearing officer considers it necessary to consult additional sources for information or testimony;
   4. (4) an in-person hearing needs to be scheduled for proper presentation of the evidence; or
   5. (5) any other reason deemed appropriate by the hearing officer.
2. (b) The hearing officer must advise the parties of the reason for the continuance and any additional information required. Any testimony taken by the hearing officer at the continuance of the hearing must be taken under oath and recorded. The parties will have an opportunity to rebut any additional evidence.

Source Note:The provisions of this §823.32 adopted to be effective May 8, 1998, 23 TexReg 4320.