SECTION 455:10-3-17. Continuances

  A request for continuance shall be filed in writing and shall include the cause for the request and a statement of agreement or disagreement by the other party(s). A prehearing conference, hearing or Alternative Dispute Resolution Program procedure may be continued or adjourned by the Executive Director or the presiding official for just cause at any time. A continuance shall be granted only in those instances where extraordinary circumstances exist and good cause has been shown. If granted, a continuance shall be made to a date certain.

(1)   If granted on behalf of the Commission or an appellee, and the appellant is subsequently sustained in the appeal, back pay and other benefits shall be awarded for the entire judgment as determined appropriate by the presiding official.

(2)   If granted on behalf of the appellant and he or she is subsequently sustained in the appeal, back pay and other benefits shall be awarded only for the period of time that the appellant did not delay the appeal as determined appropriate by the presiding official.

[Source: Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency); Amended at 26 Ok Reg 2690, eff 7-25-09]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-15-96, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.