§ 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).
Source The provisions of this § 17.8 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.
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