(a) The Examiner shall postpone or continue a hearing upon the agreement of the Parties pursuant to §67.11 of this chapter (relating to agreements to be in writing), and the Examiner may postpone or continue a hearing for good cause upon the motion of any Party, Authorized Representative or Examiner.
(b) A motion for postponement or continuance that is not subject to the agreement of the Parties shall be in writing, shall be served on all Parties and filed with the Examiner no later than five (5) days prior to the date of the hearing, and shall set forth the specific grounds and good cause upon which the continuance is sought. A contested motion for continuance shall also comply with the requirements of Rules 251 - 253 of the Texas Rules of Civil Procedure. Any motion for postponement or continuance filed less than five (5) days prior to the date of hearing shall not be granted unless good cause for the late filing is demonstrated in the motion and supported by affidavit(s) or other evidence. In such instance, the Examiner may consider a motion filed after that time or presented orally at the hearing.

Source Note: The provisions of this §67.47 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 13, 2001, 26 TexReg 6953; amended to be effective September 14, 2006, 31 TexReg 7359