If any party or intervener to whom notice has been given in accordance with App 207.03 fails to attend a hearing and such failure was beyond the parties control the presiding officer shall declare that party or intervener to be in default and shall either:

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

Source. #7864-A, eff 4-1-03