| (a) No continuance shall be granted except for sufficient cause
supported by affidavit as detailed in subsection (b) of this section, by consent
of the parties, or by operation of law. A party that files a motion for continuance
fewer than 10 days before the date of the event specified in any non-SOAH
notice, must contact the other party and indicate in the motion whether there
is any opposition to the motion.
(b) The motion shall be supported by a sworn affidavit detailing
the reasons for the continuance. The affidavit shall also set forth the specific
grounds upon which the party seeks the continuance and that the continuance
is not sought for delay, but so that justice may be served.
(1) If the ground of such application is the need for testimony,
the party requesting the continuance shall make an affidavit stating that
such testimony is material, shall show the materiality thereof, shall state
that he or she has used due diligence to procure such testimony, stating such
diligence, and shall state the cause of failure, if known, and shall state
that such testimony cannot be procured from any other source.
(2) If it be for the absence of a witness, the party requesting
the continuance shall state the name and residence of the witness, and what
the party requesting the continuance expects to prove by such witness.
(3) If it be for the reason of a conflicting setting, the party
requesting the continuance shall identify the conflict by style, cause number,
court, agency, nature of setting, and date the conflicting setting was made.
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