Section 1360-04-01-.10 - CONTINUANCES(1) Continuances may be granted by the administrative judge, or presiding officer of a multi-member agency if the administrative judge permits, upon good cause shown at any stage of the proceeding. The need for a continuance shall be brought to the attention of the administrative judge as soon as practicable. All requests for a continuance prior to the scheduled hearing time should be made in writing by filing a Motion for Continuance, or be made orally during a pre-hearing conference.(2) Factors relevant to the decision of the administrative judge, or presiding officer of a multi-member agency, about whether to grant a Motion for Continuance include, but are not limited to: (1) the length of time the proceeding has been pending,(2) the reason for the continuance,(3) the diligence of the party seeking the continuance,(4) mutual consent of the parties,(5) whether such a continuance will cause a significant delay in reaching a resolution of the matter, and(6) the prejudice to either party.(3) Under no circumstances should the parties consider the hearing to be continued absent an order or other ruling from the administrative judge or presiding officer of a multi-member agency.Tenn. Comp. R. & Regs. 1360-04-01-.10
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219, 4-5-301, 4-5-308, and 4-5-321.