SECTION 142.10. Continuance

(a) As used in this chapter, continuance means postponing a hearing from the time or date set, and rescheduling it on a later time or date.

(b) The division may continue a hearing:

(1) on its own motion; or

(2) at the request of a party, if the administrative law judge determines the party has good cause.

(c) A request for continuance may be made before or during a hearing.

(1) A request made before a hearing by a carrier, carrier representative, claimant represented by an attorney, or claimant assisted by OIEC shall:

(A) be in writing;

(B) state the reason for continuing the hearing;

(C) be sent to the division no later than five days before the hearing; and

(D) be delivered to all parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties).

(2) A claimant who is neither represented by an attorney nor assisted by OIEC may request a continuance before a hearing by contacting the division in any manner.

(3) A party may orally request a continuance during a hearing. In addition to showing good cause, the party must show that a continuance will not prejudice the rights of the other parties.

(d) The administrative law judge will rule on the request and notify all parties of the ruling. A ruling granting the continuance will include notice of the date, time, and location of the rescheduled hearing.

Source Note: The provisions of this §142.10 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective January 7, 2019, 44 TexReg 108