40 Pa. Code § 17.8 - Continuances
(a) A party moving
for a continuance shall submit, if required by the Board, an affidavit
containing the facts submitted in support of the motion. The facts shall
include the names and addresses of all parties concerned, the caption, number
and term of a case which may be the subject of the motion, the reasons why the
case should not proceed and other information the Board may request.
(b) When the application is made for
continuance because of the illness of an applicant, licensee, witness or
counsel, the Board may require a medical certificate attesting to the illness
and inability to testify.
(c) A
request for a continuance shall be received within the following time limits:
(1) Except as otherwise provided in this
section, a continuance will not be approved unless a written request for the
continuance is received by the Board at least 48 hours prior to the time fixed
for hearing.
(2) A request for
continuance received by the Board within the 48-hour period will not be granted
unless satisfactory arrangements in writing are made with the Board for the
payment of expenses resulting from the continuance. The Board may waive payment
of the expenses in case of extenuating circumstances.
(3) Upon approval by the Office of the Chief
Counsel of the Board, a motion for continuance may be granted at the time and
place set for hearing. The motions will be granted only when a material party,
witness or counsel is unavailable to appear for reasons of illness or other
sufficient and reasonable cause, which unavailability was not known prior to
the time set for the hearing, and could not have been known by the exercise of
due diligence. A motion shall include the following:
(i) The name and address of the unavailable
material party, witness or counsel.
(ii) A brief statement of the service or
testimony to be offered by the party, witness or counsel.
(iii) The reason for the inability to be
present.
(iv) A medical
certificate, if required for an illness attesting to the illness and inability
to appear.
(v) The willingness of
the moving party to bear the expense of increased witness fees and mileage
occasioned by the request.
(d) This section supplements 1 Pa. Code
§31.15 (relating to extensions of
time).
Notes
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