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 in its discretion 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 the 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 family;
   2. (b) personal injury or illness which reasonably prohibits an applicant or client from attending the review or hearing; or
   3. (c) sudden and unexpected emergency.

Author: Alabama Board of Rehabilitation Services

Statutory Authority: Code of Ala. 1975, §§21-9-9; 41-22-12.

History: New Rule: Filed April 13, 1995; effective May 18, 1995. Repealed and New Rule: Published March 31, 2022; effective May 15, 2022.