4.6 - Expedition and Continuances

(a) Expedition

Cases before OCAHO must proceed with all reasonable speed, insofar as practicable and with due regard to the convenience of the parties and due process.

(b) Continuances generally

Parties may request continuances of scheduled hearings. However, continuances will be granted only in cases where the requester:

• has a prior judicial commitment;
• can demonstrate undue hardship; or
• can show other good cause for the continuance.

(c) How to Request a Continuance

A party seeking a continuance typically must file a written motion for continuance and must serve a copy of the motion on all parties in the case. Alternatively, a party may request a continuance during a prehearing conference or during the hearing.

(d) Time Limit for Requesting a Continuance

Parties must file requests for continuances no later than 14 days prior to the date of a scheduled hearing, unless good cause arises thereafter. If a party files a motion for a continuance fewer than 14 days before a scheduled hearing, the party must:

• file the request in writing (and serve the request on all parties of record);
• communicate the request telephonically to the ALJ or a member of the ALJ’s staff; and
• communicate the request telephonically to all other parties in the case.

(e) Ruling on a Request for a Continuance

If time permits, the ALJ will enter a written order in advance of the scheduled hearing that either grants or denies the request for continuance. If time does not permit entry of a written order, the ALJ will issue an oral ruling by telephone to the party requesting the continuance.

If the ALJ issues an oral ruling to the party requesting the continuance, that party must telephonically notify all other parties in the case of the ALJ’s ruling.

If the ALJ issues an oral ruling on a request for a continuance, the ALJ will subsequently confirm the ruling in writing.