(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.
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.