Ohio Admin. Code 4715-15-07 - Continuance of hearing
(A) The board shall initially continue a
hearing upon its own motion for a period of not less than thirty days, in order
to more efficiently and effectively conduct its business unless the
circumstances establish that a continuance would not serve the interest of
justice.
(B) The attorney hearing
examiner may continue a hearing upon the motion of a representative of record.
(C) Hearings shall not be
continued upon motion by a representative unless a showing of reasonable cause
and proper diligence is presented. Before granting any continuance,
consideration shall be given to harm to the public which may result from delay
in proceedings. In no event will a motion for a continuance by a
representative, requested less than five days prior to the scheduled date of
the hearing, be granted unless it is demonstrated that an extraordinary
situation exists which could not have been anticipated and which would justify
the granting of a continuance.
(D)
No continuance of an adjudicatory hearing under division (E) or (F) of section
4715.30 of the Revised Code
shall be granted without the written agreement of the respondent or his
representative and the board.
(E)
If a continuance is granted, the attorney hearing examiner shall immediately
establish a new hearing date, unless circumstances prohibit.
(F) Hearings may be continued due to the
unavailability of a subpoenaed witness at the discretion of the attorney
hearing examiner. The attorney hearing examiner may hold the record open to
accept a deposition in lieu of live testimony of a subpoenaed witness. The
procedures set forth in rule
4715-15-21
of the Administrative Code shall apply to any deposition taken pursuant to this
rule.
(G) No adjudication hearing
shall be continued for more than ninety days for the purpose of exchanging
witness or document lists to the extent provided in rule
4715-15-17
of the Administrative Code unless the board or attorney hearing examiner finds
in writing that such exchange was diligently pursued but was not completed due
to the unusual circumstances of the case.
Notes
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.03(D), 4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.03(D), 4715.30, Chapter 119.
Prior Effective Dates: 11/10/2000
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