Section 200.422  Requirements Relating to Continuances

a)         A request for continuance of a hearing shall be subject to the discretion of the Administrative Law Judge.  Such continuance maybe granted, for good cause shown, provided the request is received by the Administrative Law Judge and each party or authorized representative of record not less than five (5) days prior to the latest hearing date unless good cause for a continuance is shown prior to or during the hearing or between hearing dates due to the need for new evidence, sudden unavailability of counsel, sudden illness of a party or an essential witness, or similar reasons.  Such request shall be in writing and shall set forth the grounds alleged therefor.  Oral requests for continuances shall not be granted unless made during the hearing for good cause.  "Good Cause" is shown when a  petitioner or respondent demonstrates a real and compelling need for additional time.  "A real and compelling need" includes, but is not limited to, service in the armed forces or serious illness, relating to either party, that party's authorized representative of record, or essential witnesses.

b)         A continuance, when granted, shall state a date certain, not more than sixty (60) days from the prior scheduled hearing date, when the hearing shall reconvene.

c)         Continuances may be granted for the purposes of allowing the parties to complete discovery requests made pursuant to Section 200.430 of this Part, but only when, upon "Good Cause" shown in accordance with subsection (a) above, discovery could not be completed prior to the scheduled date of hearing.