Section 312IAC3-1-16. Continuances

   (a) Upon the motion of a party, a hearing may be continued by the administrative law judge and shall be continued upon a showing of good cause.

  (b) A motion to continue a hearing because of the absence of evidence must be made upon affidavit and must show:

(1) the materiality of the evidence expected to be obtained;

(2) that due diligence has been used to obtain the evidence;

(3) where the evidence may be; and

(4) if based on the absence of a witness:

(A) the name and residence of the witness, if known;

(B) the probability of procuring the testimony in a reasonable time;

(C) that absence of the witness was not procured by the party nor by others at the request, knowledge, or consent of the party;

(D) what facts the party believes to be true; and

(E) that the party is unable to prove the facts by another witness whose testimony can be readily procured.

  (c) If, upon the receipt of a continuance motion under subsection (b), the adverse party stipulates to the truth of the facts which the party seeking the continuance indicated could not be presented, the hearing shall not be continued. (Natural Resources Commission; 312 IAC 3-1-16; filed Feb 5, 1996, 4:00 p.m.: 19 IR 1322; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; readopted filed May 20, 2014, 9:48 a.m.: 20140618-IR-312140027RFA)