| (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.
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