Ohio Administrative Code
Title 3746 - Environmental Review Appeals Commission
Chapter 3746-7 - Hearings
Section 3746-7-05 - Postponements and continuances

Universal Citation: OH Admin Code 3746-7-05

Current through all regulations passed and filed through September 16, 2024

(A) The commission may postpone or continue any hearing upon its own motion or upon motion of a party. The motion for a postponement must state in detail the reasons why a postponement is necessary. A motion for postponement must be served upon all parties to the proceeding and filed with the commission at least ten days prior to the date of the hearing.

(B) Postponements of hearings will not be allowed except upon a showing of good cause.

(C) A motion for postponement served or filed less than ten days in advance of the hearing shall not be granted unless the moving party demonstrates that an extraordinary situation exists which could not have been anticipated and which would justifygranting a postponement. In any such situation, if time does not permit for the filing of such motion prior to the hearing, it may be made orally at the hearing.

(D) If a motion for a postponement is based upon the unavailability of a witness, the motion shall set forth the substance of the testimony of the absent witness.

(E) Continuances of hearings may be ordered by the commission in situations where a hearing cannot be concluded within the time initially set.

Five Year Review (FYR) Dates: 04/28/2015 and 04/28/2020
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05
Prior Effective Dates: 8/24/1973, 4/28/2000, 7/29/2005, 7/26/2010

Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.