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 (Postponement of Hearings)(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 (Postponement of Hearings)(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 (Postponement of Hearings).

Source: Rule 438-006-0091 — Continuances, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-006-0091.

Last Updated

Jun. 8, 2021

Rule 438-006-0091’s source at or​.us