(a) When granted. Continuances will only by granted in cases of
prior judicial commitments or undue hardship, or a showing of other good
cause.
(b) Time limit for requesting. Except for good cause arising
thereafter, requests for continuances must be filed within fourteen (14)
days prior to the date set for hearing.
(c) How filed. Motions for continuances shall be in writing. At
least 3"x3\1/2\"; of blank space shall be provided on the last page of
the motion to permit space for the entry of an order by the
administrative law judge. Copies shall be served on all parties. Any
motions for continuances made within ten (10) days of the date of the
scheduled proceeding shall, in addition to the written request, be
telephonically conveyed to the administrative law judge or a member of
his or her staff and to all other parties. Motions for continuances,
based on reasons not reasonably ascertainable prior thereto, may also be
made on the record at calendar calls, prehearing conferences or
hearings.
(d) Ruling. Time permitting, the administrative law judge shall
issue a written order in advance of the scheduled proceeding date which
either allows or denies the request. Otherwise the ruling may be made
orally by telephonic communication to the party requesting same who
shall be responsible for telephonically notifying all other parties.
Oral orders shall be confirmed in writing.
[48 FR 32538, July 15, 1983; 49 FR 2739, Jan. 20, 1984]
