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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 101ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER EAPPEALS AND HEARING PROCEDURES
DIVISION 1GENERAL RULES
RULE §101.941Continuance

(a) The impartial hearing officer, at his or her discretion, may grant a continuance to further the interests of justice. No motion for continuance shall be granted, unless it is made in writing or stated in the record, and the motion shall set forth the specific grounds upon which the party seeks the continuance.

(b) Unless made during a prehearing or hearing, a party seeking a continuance, cancellation of a scheduled proceeding, or extension of an established deadline must file such motion no later than 10 days before the date or deadline in question. A motion filed fewer than 10 days before the date or deadline in question must contain a certification that the movant contacted the other party or party's authorized representative and whether it is opposed by the party or party's authorized representative. Further, if a continuance to a certain date is sought, the motion must include a proposed date or dates and must indicate whether the other party or party's authorized representative contacted agrees on the proposed new date or dates.


Source Note: The provisions of this §101.941 adopted to be effective March 12, 2012, 37 TexReg 1706

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