Motions for continuance shall be in writing and filed not less than five days prior to the hearing, except for good cause shown. Motions shall set forth the specific grounds for which the moving party seeks continuance, shall make reference to all similar motions filed in the proceeding, and shall state whether all parties agree with the relief requested. Continuances will not be granted based on the need for discovery if discovery requests have not previously been served upon the person from whom discovery is sought, except when necessary due to surprise or discovery of facts or evidence previously undisclosed despite the diligence of the moving party. Motions for continuances shall be acted upon by the examiner or appropriate director, subject to commission review. If the motion is filed less than five days prior to the hearing, the moving party shall immediately notify all parties of record and the official reporter of the disposition of the motion.


Source Note: The provisions of this §1.124 adopted to be effective June 1, 1991, 16 TexReg 2289.