1. (a) The appellant or authorized representative may waive the right to appear and have the matter decided on the written record by providing written notification to the impartial hearing officer. If such written notification is received less than seven days prior to the scheduled hearing, the hearing shall be canceled and the appellant shall be sent a notice as specified in Section 7355(e).
2. (b) The appellant or authorized representative shall notify the impartial hearing officer in writing if he or she is unable to attend a scheduled hearing.

3. (c) The appellant and/or authorized representative, if any, shall arrive within 30 minutes after the scheduled time of the hearing.

   1. (1) If both the appellant and authorized representative fail to appear within the specified time, the hearing shall be canceled and the impartial hearing officer shall send a notice, pursuant to Section 7355(e).

   2. (2) If only one of the above appear, he or she shall have the option of rescheduling the hearing or proceeding with the hearing without the presence of the other.

      1. (A) In the event the hearing is not held and the individual who does not appear at the hearing wishes to request a rescheduled hearing, he/she shall provide documentation sufficient to establish good cause for his/her failure to appear pursuant to Section 7355(e).
4. (d) An appellant or authorized representative may submit a written request to withdraw the request for the hearing at any time.
5. (e) The appellant shall have the burden of introducing evidence at the hearing sufficient to demonstrate his or her case by a preponderance of the evidence.

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 361.57; and Section 19705, Welfare and Institutions Code.

History

1. Amendment of section filed 9-19-91; operative 10-21-91 (Register 91, No. 52).

2. Amendment of section and Note filed 2-10-99; operative 3-12-99 (Register 99, No. 7).

3. Amendment filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.

4. Amendment refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 1-17-2013 order, including nonsubstantial amendment of subsection (c)(1), transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 10).