Sec. 276.2. Oral argument

(a) If a petitioner desires an opportunity for oral argument before the commissioner, a request therefor must be clearly set forth in the petition. If no such request is made, the respondent or, if there be more than one, a respondent, may request oral argument at any time prior to or with the service of an answer. If a petitioner has failed to request oral argument, but respondent has made a timely request, petitioner may, within two weeks from receipt of respondent's request, request oral argument.

(b) The commissioner may, in his/her sole discretion, determine whether oral argument shall be had. In the event the commissioner grants a request for oral argument, the Office of Counsel shall notify the parties.

(c) Argument on appeals to the commissioner may be heard before the commissioner, the acting commissioner or the counsel.

(d) All evidentiary material shall be presented by affidavit or by exhibits. No testimony is taken and no transcript of oral argument will be made.

(e) Adjournment of the date of oral argument.

Once an appeal has been scheduled for oral argument on a particular date by the office of counsel and due notification has been given to the respective parties or their attorneys, no adjournments of that date will be granted by the commissioner unless timely application is made therefor, upon notice to all parties. Such application shall be in writing, addressed to the office of counsel, must be postmarked not later than 10 days prior to the date on which oral argument is scheduled to be heard, and shall set forth in full the reasons for the request. Oral argument of an appeal may not be adjourned solely by stipulation of the parties or their counsel.

(f) The maximum time allotted for oral argument will be 20 minutes for each party except in extraordinary cases where, upon application, the commissioner extends such time.

(g) The provisions of this section shall not apply to a charter school location/co-location appeal pursuant to section 276.11 of this Part.