3126 FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR

3126.1 If a respondent who was sent a notice of a proposed action pursuant to section 3125 does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Director may, without a hearing, take the action proposed in the notice.

3126.2 If a respondent scheduled for a hearing does not appear for the hearing and no continuance has been granted, the Director may conduct a hearing in the respondent's absence and render a decision on the basis of the evidence before the Director. However, the Director, prior to rendering a decision, may, upon written request of the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent.

3126.3 The Director shall inform the parties of an action taken under this section.

Source: Final Rulemaking published at 39 DCR 7853, 7867 (October 23, 1992).