Ohio Administrative Code (Last Updated: January 12, 2021) |
3746 Environmental Review Appeals Commission |
Chapter3746-7. Hearings |
3746-7-05. Postponements and continuances
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(A) The commission may postpone or continue any hearing upon its own motion or upon motion of a party. The motion for a postponement must state in detail the reasons why a postponement is necessary. A motion for postponement must be served upon all parties to the proceeding and filed with the commission at least ten days prior to the date of the hearing.
(B) Postponements of hearings will not be allowed except upon a showing of good cause.
(C) A motion for postponement served or filed less than ten days in advance of the hearing shall not be granted unless the moving party demonstrates that an extraordinary situation exists which could not have been anticipated and which would justify granting a postponement. In any such situation, if time does not permit for the filing of such motion prior to the hearing, it may be made orally at the hearing.
(D) If a motion for a postponement is based upon the unavailability of a witness, the motion shall set forth the substance of the testimony of the absent witness.
(E) Continuances of hearings may be ordered by the commission in situations where a hearing cannot be concluded within the time initially set.
Five Year Review (FYR) Dates:
4/28/2020 and
04/28/2025
Promulgated
Under: 111.15
Statutory
Authority: 3745.03
Rule
Amplifies: 3745.03 ,
3745.04,
3745.05
Prior
Effective Dates: 08/24/1973, 04/28/2000, 07/29/2005,
07/26/2010
Prior History: (Five Year Review (FYR) Dates:
04/28/2015 and
04/28/2020
Promulgated
Under: 111.15
Statutory Authority: 3745.03
Rule
Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates:
8/24/1973, 4/28/2000, 7/29/2005,
7/26/2010)