(a) If any party to whom notice has been given in accordance with Emp 207.14 fails to attend a hearing, the presiding officer shall either:
- (1) Dismiss the case, if the party with the burden of proof was also the appellant and fails to appear;
- (2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case; or
- (3) Hear the testimony and receive the evidence offered by a party if a fair record can be developed based on the available evidence and the witnesses present or if the rights of any party present would be violated by failure to proceed.
Source. #7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-08; ss by #9296, eff 10-17-08