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TITLE 28 - INSURANCE
PART 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 142 - DISPUTE RESOLUTION--BENEFIT CONTESTED CASE HEARING
SUBCHAPTER 142.10.html - null
SECTION/RULE §142.10 - Continuance
Chapter Review Date 03/18/2021

(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.

Source Note: The provisions of this §142.10 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective January 7, 2019, 44 TexReg 108.

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