(a) A party shall be in default if the party:
- (1) Has the overall burden of proof;
- (2) Has been given notice; and
- (3) Fails to attend the hearing.
- (b) If a party is in default under (a) above, the case shall be dismissed.
- (c) If a party who does not have the overall burden of proof fails to attend a hearing after having been given notice, the testimony and evidence of any other parties or intervenors shall be received and evaluated.
- (d) If a party who has the overall burden of proof attends a hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.
- (e) The board shall not dismiss the case under (b) above if the failure to attend results from circumstances that are beyond the control of the party.
Source. #9287, eff 10-1-08; ss by #11067, eff 4-1-16