PURPOSE: This rule sets forth requirements which must be met for a waiver of hearing.

1. (1) An applicant/licensee who requests a hearing due to denial of licensure or the imposition of discipline may withdraw their hearing request by providing written notice to the hearing officer any time prior to the hearing.

2. (2) An applicant/licensee who fails to appear at any hearing set forth in 12 CSR 10-26.140 waives any right to further hearing, unless good cause is shown.

   1. (A) The reasons for failing to appear at hearing shall be filed in writing with the hearing officer within fifteen (15) days following the scheduled hearing date.
   2. (B) If the hearing officer finds that the failure of the applicant/licensee to appear at the hearing was for good cause, the hearing officer shall reschedule the hearing as the interests of justice may require.

AUTHORITY: section 301.553, RSMo Supp. 1998.* Original rule filed Nov. 1, 1999, effective May 30, 2000.

*Original authority: 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997.