Motions for postponement or continuance of matters which have been duly set for hearing shall be in writing, shall be filed with the hearing officer, and shall be distributed to all parties not less than five days prior to the designated date that the matter is to be heard. Such motion shall set forth, under oath, the specific grounds upon which the moving party seeks such action and shall make reference to all prior motions of the same nature filed in the same proceeding. Failure to comply with the provisions of this section, except for good cause shown, may be construed as lack of diligence on the part of the moving party and, at the discretion of the hearing officer, shall be grounds for refusal of the motion. Once a cause has actually proceeded to a hearing, pursuant to the notice issued thereon, no postponement or continuance shall be granted by the hearing officer without the consent of all parties of record except for good cause shown.

Source Note:The provisions of this §1.38 adopted to be effective December 26, 1995, 20 TexReg 11035.