Texas Administrative Code
Title 28 - INSURANCE
Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
Chapter 142 - DISPUTE RESOLUTION-BENEFIT CONTESTED CASE HEARING
Section 142.10 - Continuance
Universal Citation: 28 TX Admin Code ยง 142.10
Current through Reg. 49, No. 38; September 20, 2024
(a) As used in this chapter, continuance means postponing a hearing from the time or date set and rescheduling it on a later time or date.
(b) The division may continue a hearing:
(1) on its
own motion; or
(2) at the request
of a party, if the administrative law judge determines the party has good
cause.
(c) A request for continuance may be made before or during a hearing.
(1) A request made before a hearing by a
carrier, carrier representative, claimant represented by an attorney, or
claimant assisted by OIEC shall:
(A) be in
writing;
(B) state the reason for
continuing the hearing;
(C) be sent
to the division no later than five days before the hearing; and
(D) be delivered to all parties, as provided
by §
142.4
of this title (relating to Delivery of Copies to All
Parties).
(2) A claimant
who is neither represented by an attorney nor assisted by OIEC may request a
continuance before a hearing by contacting the division in any
manner.
(3) A party may orally
request a continuance during a hearing. In addition to showing good cause, the
party must show that a continuance will not prejudice the rights of the other
parties.
(d) The administrative law judge will rule on the request and notify all parties of the ruling. A ruling granting the continuance will include notice of the date, time, and location of the rescheduled hearing.
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