| (a) Contents of a motion for continuance. A request
to postpone a preliminary review hearing must be in writing and include
the specific reasons and supporting evidence for the continuance and
the dates of any previous motions for continuance.
(b) Date of filing. Motions for continuance must be
received by the Commission no later than 21 days before the date of
the proceeding or must provide good cause with supporting evidence
for presenting the motion after that time. If the presiding officer
finds good cause has been demonstrated, the presiding officer may
consider a motion that is not timely filed.
(c) Responses to motions for continuance. Responses
to motions for continuance must be in writing and include the date
the complaint was filed and the number of previous requests to postpone
filed in the case. Unless otherwise ordered or allowed by the presiding
officer, responses to motions for continuance must be made no later
than seven business days after receipt of the motion.
(d) Rulings on motions for continuance. A motion for
continuance is not granted until it has been ruled on by the presiding
officer, even if the motion is uncontested or agreed. A case is subject
to default under §12.23 of this chapter for a party's failure
to appear at a scheduled hearing in which a motion for continuance
has not been ruled on by the presiding officer.
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