OAR 438-006-0091: Continuances

The parties shall be prepared to present all of their evidence at the scheduled hearing. Continuances are disfavored. The Administrative Law Judge may continue a hearing for further proceedings. If a continuance is granted, the Administrative Law Judge shall state the specific reason for the continuance. A continuance may be granted: (1) If circumstances, including the time allocated for the scheduled hearing, prevent all parties from presenting their evidence and argument; (2) Upon a showing of due diligence, as described in OAR 438-006-0081(2), if necessary to afford reasonable opportunity to cross-examine on documentary medical or vocational evidence; (3) Upon a showing of due diligence, as described in OAR 438-006-0081(2), if necessary to afford reasonable opportunity for the party bearing the burden of proof to obtain and present final rebuttal evidence; (4) Upon motion of an adverse party, if that party is surprised and prejudiced by a new issue raised during a hearing; or (5) For any reason that would justify postponement of a scheduled hearing under OAR 438-006-0081.