(a) A motion for continuance shall:
  (1) be in writing and served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases;
  (2) be filed not less than five business days prior to the hearing, except for good cause shown;
  (3) set forth the specific grounds for which the moving party seeks continuance;
  (4) make reference to all similar motions filed in the proceeding; and
  (5) state whether all parties agree with the relief requested.
(b) A continuance 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.
(c) The moving party shall confer with all other parties regarding the motion and establish mutually agreeable calendar dates on which the parties are available.
(d) A motion for continuance shall be acted upon by the examiner or Hearings Director, subject to Commission review.
(e) If the motion is filed less than five business days prior to the hearing, the moving party shall state good cause for the failure to timely file and immediately notify all parties and the assigned court reporter of the disposition of the motion.

Source Note: The provisions of this §1.105 adopted to be effective August 21, 2017, 42 TexReg 4131