Rule 12-12 Adjournments.

(a) Applications for adjournments of conferences or hearings shall be governed by this section and by Rule 12-14 or Rule 12-27. Conversion of a hearing date to a conference date, or from conference to hearing, shall be deemed to be an adjournment.

(b) Applications to adjourn conferences or hearings shall be made to the hearing officer as soon as the need for the adjournment becomes apparent. Applications for adjournments are addressed to the discretion of the hearing officer, and shall be granted only for good cause. Although consent of all parties to a request for an adjournment shall be a factor in favor of granting the request, such consent shall not by itself constitute good cause for an adjournment. Delay in seeking an adjournment shall militate against grant of the request.

(c) If a party selects a hearing or conference date without consulting with or obtaining the consent of another party, an application for an adjournment of such date by that other party, especially if such application is based upon a scheduling conflict, shall be decided with due regard to the ex parte nature of the case scheduling.

(d) Counsel shall file an affirmation of actual engagement prior to a ruling on an adjournment sought on that basis. Such affirmation shall state the name and nature of the conflicting matter, the court or tribunal hearing the matter, the judge before whom it is scheduled, the date that the conflicting engagement became known to counsel, and the date, time, place and approximate duration of the engagement.

(e) Approved adjournments, other than adjournments granted on the record, shall be promptly confirmed in writing by the applicant, to all parties and to the administrative law judge.

(f) Withdrawal of a case from the calendar by the petitioner shall not be subject to the "good cause" requirement of subdivision (b) of this section. However, such withdrawal, other than pursuant to settlement agreement or other final disposition of the case, shall be permitted only upon application to the hearing officer, who may grant or deny the application, either in full or upon stated terms and conditions.

(g) If the administrative law judge determines that a case is not ready for hearing or conference and that an adjournment is inappropriate he or she may remove the case from the calendar. Unless otherwise directed by the administrative law judge, the case will be administratively closed if the parties do not restore the matter to the calendar within 30 days.