1. (a) The purpose of this section is to ensure:

   1. (1) That parties attend all hearings;
   2. (2) The efficient use of the board's and the parties' time; and
   3. (3) The board and the parties have an opportunity to obtain relevant information through presentations and inquiries at hearings.
2. (b) In this section, "hearing" means the adjudicative proceeding scheduled to receive evidence and arguments upon which the decision on the merits will be based, shall be recorded, and all persons desiring to make comments shall identify themselves for the record prior to speaking.
3. (c) Non-attendance by an applicant, an opposing party or parties, or the applicant’s attorney or representative at a noticed hearing within 30 minutes after the scheduled time shall result in a dismissal of the appeal unless the failure to appear is excused as provided in paragraph (d).

4. (d) Applicants and opposing party or parties who cannot attend the hearing shall be excused only if they file with the board, copying the other party, a written request for leave to not attend the hearing that includes the following:

   1. (1) A statement of the reasons the applicant or opposing party or parties are unavailable to attend the hearing; and
   2. (2) If not previously submitted to the board, a hearing memorandum presenting the applicant’s or opposing party or parties’ arguments and supporting material shall be submitted at least 7 days prior to the scheduled hearing.
5. (e) If leave is granted for non-attendance, the board shall open the hearing and decide the appeal based on the evidence presented, including any arguments and evidence presented by the opposing party.
6. (f) Nothing in this section shall alter the burden of proof or constrain the board from reviewing and weighing the evidence.

7. (g) An applicant, or opposing party or parties granted leave to not attend a hearing, shall be deemed to waive:

   1. (1) The opportunity to support the applicant’s or opposing party or parties’, position other than as presented in writing;
   2. (2) The right to confront, question, and challenge the other party's evidence except as presented in the brief; and
   3. (3) The opportunity to answer board questions.

8. (h) If an applicant did not file a request for leave to not attend a hearing and fails to appear for the hearing after 30 minutes of the scheduled hearing time no hearing shall be held. In this instance, the applicant shall be:

   1. (1) Finally defaulted, and the appeal marked "applicant finally defaulted; no further action;" and
   2. (2) The other party or parties shall have 10 days after the clerk's date on the order to file a request for costs under Hab 201.34.
9. (i) In addition to any party’s request to be excused from attendance at any board hearing, itemized in Hab 202.03 (a)-(i) above, prior to any scheduled or rescheduled hearing, any party may request a continuance in accordance with Hab 201.24.

Source. #13226 eff 7-7-21