1. (1) Failure of a party to appear at a hearing shall not result in a decision being automatically rendered against such party.

   1. (a) If a party fails to appear at the time a hearing is scheduled, or within 15 minutes thereafter, the Appeals Referee shall proceed with the hearing and shall promptly render a decision on the basis of whatever evidence is properly before such Appeals Referee, unless the Appeals Referee determines that a postponement, continuance or rehearing should be granted in order to secure all the evidence that is necessary for a fair hearing to all parties of interest.

2. (2) Any hearing before an Appeals Referee may, and for good cause shall, be postponed or continued upon the request of a party or upon the Appeals Referee's own motion, at any time before the hearing is concluded.

   1. (a) The Appeals Referee shall grant a rehearing if good cause is shown, including good cause for not appearing at the scheduled hearing.
   2. (b) The Appeals Referee may also order rehearing on the Appeals Referee's own motion for cause.

   3. (c) A request for rehearing shall be made as soon as reasonably possible, but in no event later than ten days after the scheduled date of the hearing.

      1. 1. A request for rehearing will not prevent the employer's account from being charged for benefits under T.C.A. Section 50-7-304(b)(2)(D).
      2. 2. Repealed.
      3. 3. Such request must be made in writing.
   4. (d) Repealed.

Authority: T.C.A. §§50-7-601, 50-7-602, 50-7- 603, and 50-7-604. Administrative History: Original rule certified May 17, 1974. Amendment filed May 11, 1984; effective August 14, 1984. Repeal and new rule filed January 22, 1996; effective May 30, 1996. Amendment filed May 22, 2001; effective September 28, 2001. August 15, 2009, the Secretary of State transferred 0560-03-02 to 0800-11-02 per Chapter 520 of Public Acts of 1999 and T.C.A. 4-5-221(a)(1).