102-9-05. Continuances  


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  • (A) Hearings may be continued on the commission's own motion or the motion of any party, for good cause shown.

    (1) Requests for continuance shall be in writing and addressed to the chairman of the commission or the hearing officer assigned to the complaint in accordance with rule 102-9-09 of the Administrative Code. The request must be made not later than five calendar days prior to the scheduled date of the hearing. The chairman or hearing officer may waive the five-day requirement for good cause shown.

    (2) Each party must contact all of the witnesses subpoenaed by that party and inform them of any continuance.

    (B) If a continuance is granted, the commission shall establish a new hearing date.

    The time within which a hearing must be held shall be extended by the period of any continuance granted.

    (C) Absent compelling circumstances, hearings will not be continued due to the unavailability of a subpoenaed witness. The commission may hold the record open or accept a trial deposition in lieu of oral testimony.

Effective: 6/29/2017
Five Year Review (FYR) Dates: 04/04/2017 and 06/29/2022
Promulgated Under: 111.15
Statutory Authority: 102.05, 102.06
Rule Amplifies: 102.06
Prior Effective Dates: 6/8/81, 1/1/02