- (1) If a person with a right to an adjudicative proceeding under chapter 77, Laws of 2003, files a request for hearing after the period for doing so has passed, the person must show good cause why the request for hearing should be granted.
- (2) (a) If the ALJ finds good cause for filing a late hearing request, the ALJ shall conduct a hearing on the merits.
- (b) If the ALJ does not find good cause for filing a late hearing request, the agency's overpayment decision is deemed final and the agency shall proceed to collect the wage overpayment as provided in chapter 77, Laws of 2003.
- (3) As used in this section, "good cause" means a substantial reason or legal justification for failing to file a request for an adjudicative proceeding within the time period mandated by statute.
[Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-060, filed 10/7/03, effective 11/7/03.]