If any party to whom notice has been given in accordance with Acp 208.03 fails to attend a hearing, the presiding officer shall:

1. (a) Declare that party to be in default; and

2. (b) Either:

   1. (1) Dismiss the case, if the party with the burden of proof fails to appear; or
   2. (2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12 New. #10157, eff 6-27-12