1214 NONAPPEARANCE OF PARTIES AND DEFAULTS

1214.1 The Presiding Member may wait a reasonable length of time for a party to appear before beginning a proceeding, including an informal hearing, a pre-hearing conference, or an evidentiary hearing. After a reasonable time, however, if a party who has received notice has not appeared, the Presiding Member may proceed as follows:

(a) The Presiding Member may proceed with the hearing, obtain the testimony of those persons present, and, on the basis of the testimony and the record, the Board may issue a decision in the case;

(b) The Presiding Member, for good cause, may postpone the hearing without taking testimony; or

(c) In the case of the appellant failing to appear, the Presiding Member, with the concurrence of a majority of the members present, may dismiss the appeal and sustain the decision of the Chief.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022).