Library: Policy

340:2-28-30. Continuances

Revised 9-17-18

(a) A party seeking a continuance must request a continuance from the assigned administrative law judge (ALJ) and give notice to the non-movants.If the assigned ALJ is not available, the chief ALJ may decide the motion and/or the entire action or assign another ALJ to determine the motion and/or the entire action. If an action was heard or partially-heard on the record by an ALJ, who is later unavailable, the chief ALJ or another ALJ, as designated by the chief ALJ, may continue the matter without hearing.

(b) A party does not have the authority to continue a matter set on an ALJ's regularly- or specially-scheduled docket.Parties may agree to continue a docketed matter with the assigned ALJ's approval.Without an agreement, the motion is heard by the assigned ALJ.

(c) When an assigned ALJ is unavailable for a docket or for an action in a case, the chief ALJ may assign another ALJ or may direct that the unresolved matters be continued without a hearing.

(d) After one continuance is granted for each party, further motions for continuances, unless agreed by all parties, are heard by an ALJ assigned to the case and are not granted, except for good cause.If the assigned ALJ is not available, the chief ALJ may decide the motion and/or the entire action or assign another ALJ to determine the motion and/or the entire action.If an action was heard or partially-heard on the record by an ALJ, who is later unavailable, the chief ALJ or another ALJ, as designated by the chief ALJ, may continue the matter without hearing.

(e) All orders for continuance must set forth the basis for the continuance.

(f) In emergency situations including, but not limited to, severe weather threats and/or impact, the chief ALJ or the assigned ALJ, with the chief ALJ's approval, may continue all cases on a docket without a hearing.

(g) An assigned ALJ or the chief ALJ may continue any case on a docket sua sponte without a hearing.