Sec. 07.01.04.11. Failure to Appear

A. In General. Except as provided in §C of this regulation, if, after receiving proper notice, a party fails to attend or participate in a prehearing conference or hearing, an administrative law judge may:

(1) Proceed in that party's absence; or

(2) Issue an order advising the party that unless the party establishes in writing within 20 calendar days good cause for failing to appear, a proposed or final default order, in accordance with the Secretary's delegation, will be entered without further notice to the parties.

B. If a party claims good cause for failure to appear, as provided in §A of this regulation:

(1) Within 2 business days of receiving the written claim of good cause, OAH shall forward a copy to all other parties, unless it appears on the face of the document that the other parties have already been served with a copy; and

(2) Within 10 calendar days of receiving the written claim of good cause, any other party may submit a written response.

C. Intentional Program Violation Appeals. If the appellant fails to attend a hearing in an appeal concerning an intentional program violation, the administrative law judge:

(1) Shall determine whether proper notice of the hearing was sent and whether the appellant requested a postponement;

(2) Shall reschedule the hearing if proper notice was not sent, or the appellant made a proper request for a postponement;

(3) Shall conduct the hearing if proper notice was sent, and the appellant did not make a proper request for a postponement;

(4) May reopen the record and conduct another hearing if notified within 10 calendar days of the original hearing date that the appellant had good cause for not appearing and for not asking for a postponement before the hearing.