1. (a) The arbitrator may proceed in the absence of any party or representative of a party who, after notice of the proceeding, fails to be present or to obtain a continuance.
2. (b) An arbitrator may not make an order solely on the default of a party and shall require the party who is present to submit evidence, as required by the arbitrator, before making an order.

Source Note:The provisions of this §163.59 adopted to be effective January 1, 1996, 20 TexReg 10757; amended to be effective November 17, 2005, 30 TexReg 7429.