(1) Failure of a party to appear at a scheduled hearing before an Appeals Referee, Board Member or Special Master will not result in a decision being automatically rendered against such party.
- (a) If a party fails or refuses to appear at the time a hearing is scheduled after due notice thereof, or within fifteen (15) minutes thereafter, the Appeals Referee, Board Member, or Special Master shall proceed with the hearing.
- (b) In such cases as described in subparagraph (a), the Appeals Referee, Board Member or Special Master shall render a decision on the basis of whatever evidence is properly before the Appeals Referee, Board Member or Special Master.
- (2) If at the hearing a party fails or refuses to comply with any lawful order of the Appeals Referee, Board Member or Special Master, necessary to maintain the orderly conduct of such hearing, the Appeals Referee, Board Member or Special Master may close the hearing. In such cases the Appeals Referee, Board Member or Special Master shall render a decision on the basis of whatever evidence is properly before the Appeals Referee, Board Member or Special Master.
Authority: T.C.A. §§50-7-601, 50-7-602, and 50-7-603. Administrative History: Original Rule certified May 17, 1974. Repeal and new filed May 9, 1979; effective June 25, 1979. 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 0560-03-04 to 0800-11-04 per Chapter 520 of Public Acts of 1999 and T.C.A. 4-5-221(a)(1).