PURPOSE: This rule sets forth the conditions in which an applicant can waive his/her rights to a hearing. (1) Any applicant who has requested review of a denial of licensure may withdraw that request by filing a written notice of the intended withdrawal with the commission. If the applicant withdraws the request, the applicant shall be bound by the election and may not later request review or other hearing before the commission pertaining to the same matter. 12 CSR CO-$--DEPARTMENT OF REVENUE

1. (2) An applicant who fails to appear without good cause at any hearing which has been properly noticed under these rules shall be considered to have withdrawn the request for review.
2. (A) The hearing officer shall give notice of any withdrawal under this section.
3. (B) The hearing officer shall consider any reason for nonappearance which may be offered, provided the offer is made within thirty (30) days of the notice of withdrawal under this section.

4. (C) If the hearing officer finds that any reason for nonappearance constitutes good excuse, s/he may reset the hearing as the interest of justice may require.

   Auth: section 301.553, RSMo (Cum, Supp. 1989).* Original ra2e filed July 10, 1989, effective Sept. 28, 1989. Amended: Filed April 18, 1990, effective June 28, 1990. *Original authority 1988, amended 1989.