The hearing examiner may not deny or dismiss an appeal unless one of the following occurs:
- (1) The appeal is not received by the local agency within the time limit in § 1111.4 (relating to time for appeal of a local agency decision).
- (2) The appeal is withdrawn in writing by the applicant, participant or authorized representative.
- (3) The applicant, participant or authorized representative fails, without good cause, to appear at the scheduled hearing.