Texas Administrative Code
|TITLE 22||EXAMINING BOARDS|
|PART 18||TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS|
|CHAPTER 377||PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS|
|RULE §377.33||Motions for Postponement, Continuance, Withdrawal, or Dismissal of Application or Other Matters before SOAH or the Board|
Motions for postponement, continuance, withdrawal, or dismissal of applications or other matters which have been duly set for hearing shall be in writing, shall be filed with the Board or the ALJ, and distributed to all interested parties, over a certificate of service, not less than five days prior to the date designated for the matter to be heard. Such motion shall set forth, under oath, the specific grounds upon which the moving party seeks such actions and shall make reference to all prior motions of the same nature filed in the same proceeding. Failure to comply with the above, except for good cause shown, may be construed as lack of diligence on the part of the moving party, and at the discretion of the Board or ALJ, may result in the dismissal of the application or other matter in issue, with prejudice to refiling. Once an application or other matter has actually proceeded to a hearing, pursuant to the notice issued thereon, no postponement or continuance shall be granted without the consent of all parties involved, unless the Board or the ALJ, as appropriate shall have ordered such postponement or continuance.
|Source Note: The provisions of this §377.33 adopted to be effective July 5, 2006, 31 TexReg 5294|
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