1. (1) If a party fails without good cause to appear at either an administrative review or a formal hearing after proper service of notice the review team or hearing officer may, if no adjournment is granted, proceed with the review or hearing and make a decision in the absence of the party.

2. (2) A request for administrative review or hearing may be denied or dismissed for the following reasons:

   1. (a) the individual withdraws the request in writing;
   2. (b) the individual makes a request that is contrary to the regulations of the program;
   3. (c) the individual abandons his or her request for administrative review or a hearing when, without good cause, the applicant or client fails to appear.

3. (3) Good cause is defined as:

   1. (a) death in the immediate family; or
   2. (b) personal injury or illness which reasonably prohibits an applicant or client from attending the review or hearing.

Author: Irene B. Collins, Commissioner

Statutory Authority: Code of Ala. 1975, §§38-3-8 through 38-3-9; 41-22-12.

History: New Rule: Filed June 5, 2009; effective July 10, 2009.