| (a) A motion for continuance shall:
(1) be in writing and served in accordance with §1.45
of this title (relating to Service in Protested Contested Cases;
(2) be filed not less than five business days prior
to the hearing, except for good cause shown;
(3) set forth the specific grounds for which the moving
party seeks continuance;
(4) make reference to all similar motions filed in
the proceeding; and
(5) state whether all parties agree with the relief
requested.
(b) A continuance will not be granted based on the
need for discovery if discovery requests have not previously been
served upon the person from whom discovery is sought, except when
necessary due to surprise or discovery of facts or evidence previously
undisclosed despite the diligence of the moving party.
(c) The moving party shall confer with all other parties
regarding the motion and establish mutually agreeable calendar dates
on which the parties are available.
(d) A motion for continuance shall be acted upon by
the examiner or Hearings Director, subject to Commission review.
(e) If the motion is filed less than five business
days prior to the hearing, the moving party shall state good cause
for the failure to timely file and immediately notify all parties
and the assigned court reporter of the disposition of the motion.
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