40 Pa. Code § 15.54 - Continuances
(a) No case will be
continued without just cause and then only by the chief ALJ or a
designee.
(b) A party moving for a
continuance shall, if required by the OALJ, submit an affidavit containing the
facts alleged as the reason for the motion. The affidavit shall set forth the
names and addresses of all parties concerned, the caption, number and term and
the cause which may be the basis of the motion and other information the ALJ
may request.
(c) If application is
made for continuance prior to the date set for hearing because of the absence
of a witness, a motion, if required by the OALJ, shall be presented setting
forth the facts which it is believed the witness will prove, the efforts made
to procure the attendance of the witness, the movant's belief in the facts and
the reasons for the belief, and that a continuance will enable the party to
procure the presence or testimony of the witness. The application shall
identify the witness by name and last known address.
(d) If an application is made for a
continuance because of the illness of a licensee, witness or counsel, the
application, if required by the OALJ, shall be accompanied by a medical
certificate attesting to the illness and inability to testify.
(e) Except as otherwise provided in this
section, a continuance may be approved if a written request for the continuance
is received by the OALJ at least 48 hours prior to the time fixed for
hearing.
(f) A request for a
continuance received by the OALJ within the 48-hour period will not be granted
unless satisfactory arrangement in writing is made with the OALJ for the
payment of expenses resulting from the continuance. The OALJ may waive payment
of the expenses and the requirement that the request be in writing in case of
extenuating circumstances.
(g) A
request for a continuance of hearing because a waiver of hearing was filed
after the hearing was scheduled will not be granted until the waiver is
approved and accepted by the OALJ.
Notes
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