Ohio Admin. Code 124-11-03 - Continuances
(A) Upon its own
motion or upon the motion of any party, the board may continue a hearing.
(1) Requests for continuance shall be
addressed to the administrative law judge assigned to the appeal or, if the
appeal is set before the state personnel board of review, addressed to the
executive secretary
board's chairperson or principal administrative
officer. A request for continuance will not automatically stay the
hearing, but must be expressly granted.
(2) Requests for continuance shall be
made, in writing,
filed at least ten calendar days prior to a scheduled
hearing date, unless good cause is shown for failing to do so. Exceptions to
this rule may be made at the discretion of the board. If a party requests a
continuance less than ten calendar days prior to hearing, then that party shall
inform the board of the opposing party's consent or opposition to the
continuance request.
(3) Each party
shall contact its subpoenaed witnesses and inform them of the continuance.
Failure to notify the opposing party or opposing party's counsel of a
continuance which has been granted may be treated as a failure to appear by the
party requesting the continuance if the opposing side appears for the
hearing.
(4) The board will not
re-issue subpoenas when a hearing has been continued unless
specifically requested
the party requesting subpoenas files a timely
request to do so in
writing.
(B)
Absent compelling circumstances, hearings shall not be continued due to the
unavailability of a subpoenaed witness. The board may hold the record open or
accept a testimonial deposition. The cost of testimonial depositions taken
under this rule shall be borne by the requesting party.
Notes
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.14, 124.328, 124.33, 124.34, 124.40, 124.56
Prior Effective Dates: 07/01/1979, 02/14/1986, 03/01/1993, 03/24/2014
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.14, 124.328, 124.33, 124.34, 124.40, 124.56
Prior Effective Dates: 7/1/79, 2/14/86
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