(a) The IHO, at his or her discretion, may grant a continuance to further the interests of justice. No motion for continuance shall be granted, unless it is made in writing or stated in the record, and the motion shall set forth the specific grounds upon which the party seeks the continuance.
(b) Unless made during a prehearing or hearing, a party seeking a continuance, cancellation of a scheduled proceeding, or extension of an established deadline shall file such motion no later than 10 days before the date or deadline in question. A motion filed fewer than 10 days before the date or deadline in question shall contain a certification that the requestor contacted the other party or party's authorized representative and whether the request is opposed by the party or party's authorized representative. Further, if a continuance to a certain date is sought, the motion shall include a proposed date or dates and must indicate whether the other party or party's authorized representative contacted agrees on the proposed new date or dates.
Source Note: The provisions of this §850.83 adopted to be effective May 13, 2019, 44 TexReg 2364