1. (a) A party shall be in default if the party:

   1. (1) Has the overall burden of proof;
   2. (2) Has been given notice in accordance with Plu 208.01; and
   3. (3) Fails to attend the hearing, unless the failure to attend the hearing is the result of accident, injury, illness or other event beyond the party's control.
2. (b) If a party is in default under (a) above, the case shall be dismissed.
3. (c) If a party who does not have the overall burden of proof fails to attend a hearing after having been given notice in accordance with Plu 208.01, the testimony and evidence of any other parties or intervenors shall be received and evaluated.
4. (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.

Source. #8464, eff 10-28-05