- (a) If any party to whom notice has been given in accordance with 209.02 fails to attend a hearing, the presiding officer shall declare that party to be in default unless failure to attend is justified by a showing of good cause.
- (b) Good cause shall include accident, illness or other circumstances beyond the control of the party.
(c) If the presiding officer makes a determination that failure to attend the hearing was not based on good cause, the presiding officer shall declare the party to be in default and either;
- (1) Dismiss the case if the party with the burden of proof fails to appear; or
- (2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.
Source. #10040-A, eff 12-16-11 (from Int 210.07); ss by #10359, eff 6-14-13