1. (a) The board shall dismiss the case if the party having the overall burden of proof, having been given notice in accordance with Ve-H 207.01:

   1. (1) Failed to move for a delay in, or continuance of, the hearing date; and
   2. (2) Failed to participate in the hearing.

2. (b) The board shall re-open the case and schedule a new hearing date on the motion of the party having the overall burden of proof if:

   1. (1) The motion to re-open the case is submitted within 7 calendar days of the original hearing date; and
   2. (2) The board determines that the failure to participate in the hearing on the originally scheduled date was the result of accident, injury, illness, death of a family member or other circumstance beyond the party’s control.

Source. #8951, eff 7-21-07