SECTION 165:5-9-6. Continuances

(a)   General. The Commission or Administrative Law Judge before whom a cause is set may continue or adjourn a hearing at any time for any period, with or without notice or motion. Continuances may be granted for good cause shown, or by agreement of all parties of record at the hearing. A stipulation of a continuance among all parties of record ordinarily will be approved, unless the Commission determines that the public interest requires otherwise. A continuance in a cause may be granted in advance of the date for hearing of the cause in the following ways:

(1)   As provided in OAC 165:5-9-2(b)(1); or

(2)   The applicant in a cause may request a continuance at least five (5) days in advance of a hearing date from the Docket Clerk or, if the cause has been assigned for hearing, the Commission or assigned Administrative Law Judge. Upon approval of a continuance date, the applicant shall send a notice of continuance stating the continuance date to the Docket Clerk and if the cause has been assigned for hearing, the Commission or assigned Administrative Law Judge. Notice of the continuance date shall be served on all respondents or, if a prehearing/scheduling agreement has been filed or a prehearing/scheduling order has been issued in the cause, notice of the continuance date shall be served on all parties of record. The notice of continuance must be sent by regular mail, facsimile, electronic mail or in person at least five (5) days prior to the date of the hearing. Such cause shall be continued on the docket without the necessity of the appearance of the applicant at the time of hearing.

(b)   Contested motion for continuance. A contested motion for continuance on the day set for hearing of the cause shall be heard by the Commission or Administrative Law Judge. Such decision may be noted as part of the order of the Commission or Initial Report of the Administrative Law Judge if requested by a party of record.

(c)   More than two continuances. In those cases where two (2) continuances have previously been granted, upon the granting of each additional continuance, written notice of such continuance shall be served by regular mail, facsimile, electronic mail or in person by the person requesting such continuance on all respondents or, if a prehearing/scheduling agreement has been filed or a prehearing/scheduling order has been issued in the cause, notice of the continuance date shall be served on all parties of record at least five (5) days prior to the date the continued cause is set for hearing. The movant shall provide proof of service of such notice at the time of hearing. This subsection shall not apply to matters assigned to before the Commission or an Administrative Law Judge unless the Commission or Administrative Law Judge deems or orders otherwise.

(d)   Day certain. Every continuance shall be to a day certain. If an applicant has failed to set a continued cause on a day certain for a period more than thirty (30) days after last recorded hearing date as shown from the Commission's docket records, the Director of the Judicial and Legislative Services or an Administrative Law Judge may recommend dismissal of the cause to the Commission, pursuant to OAC 165:5-9-2(e)(4); and the Commission may dismiss the cause without prejudice by an Order Dismissing Cause.

(e)   Continuances of the Motor Carrier Citation Docket when the Commission is closed. In the event the Commission is closed due to inclement weather or other administrative reason on the date and/or time of the Motor Carrier Citation Docket, all citations scheduled to be heard on the Motor Carrier Citation Docket shall be automatically continued to the following month's docket as posted on the Commission's website.

[Source: Amended at 11 Ok Reg 3675, eff 7-11-94; Amended at 12 Ok Reg 2005, eff 7-1-95; Amended at 19 Ok Reg 1939, eff 7-1-02; Amended at 20 Ok Reg 2293, eff 7-15-03; Amended at 27 Ok Reg 2098, eff 7-11-10; Amended at 35 Ok Reg 946, eff 10-1-18; Amended at 37 Ok Reg 1082, eff 10-1-20]