Ohio Admin. Code 4723-16-03 - Hearing continuances and motions for extensions of time
(A) The board, board hearing committee, or hearing examiner may
continue a hearing upon its or their own motion
in order to more efficiently and effectively conduct its business, unless the
circumstances establish that a continuance would not be in the interest of
public safety.
(B) Upon written or
oral motion of a representative of record, the board, board
hearing committee or hearing examiner may
continue the hearing. If a continuance is granted, the board, board
hearing committee or the hearing examiner shall
immediately establish a new hearing date unless otherwise agreed by the
representatives of record.
(C) A
hearing shall not be continued upon motion by a representative of record unless
a showing of reasonable cause and due diligence is shown. Before granting a
continuance, consideration shall be given to the harm to the public that may
result from a delay in the proceedings.
(D) A motion for continuance filed by a
representative of record fewer than five calendar days prior to the scheduled
date of the hearing shall not be granted unless it is demonstrated that an
extraordinary situation exists that could not have been anticipated and that
would justify the granting of a continuance.
(E) Except as otherwise provided in Chapter
119. of the Revised Code or rules of the board, any motion or request for an
extension of time in which to file a motion, brief, or objection, unless made
upon the record at the hearing, shall be made in writing and filed with the
board.
(F) No motion for an
extension of time shall be granted by the board, board hearing committee or the hearing examiner unless:
(1) The representative of record filing the
motion makes a showing of reasonable cause and due diligence; and
(2) If the extension of time will result in a
delay in the proceedings, the representative of record can show that no harm to
the public will result from the delay in the proceedings.
(G) In making a determination about harm to
the public, the board, board hearing committee or
the hearing examiner may consider whether the respondent holds an active
license or certificate to practice in Ohio.
(H) If notice of opportunity for hearing has
been given to respondent according to section
119.07 of the Revised Code, and
respondent has timely requested a hearing, if respondent has failed to
participate in prehearing conferences, or otherwise has failed to respond to
the board hearing committee or hearing examiner,
the hearing date shall not be continued based solely on the respondent's lack
of participation or response.
Notes
Promulgated Under: 119.03
Statutory Authority: ORC 4723.07
Rule Amplifies: ORC 4723.28
Prior Effective Dates: 02/01/2000, 02/01/2003, 02/09/2005, 02/01/2010, 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.28
Prior Effective Dates: 02/01/2000, 02/01/2003, 02/09/2005, 02/01/2010
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