Ala. Admin. Code r. 660-1-5-.13

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-5-.13 - Failure To Attend Hearing

(1) If the aggrieved person, the County Department, or their representatives fail to appear at the hearing after proper notice, the hearing officer may, if no adjournment or postponement is granted, proceed with the hearing and make a final decision in the absence of such parties. The hearing officer may also dismiss a hearing request for failure to appear without good cause. If the hearing officer proceeds with the hearing, the party failing to appear may apply for a rehearing based upon good cause within 15 days of an adverse decision. The procedures of Rule 660-1-5-.14 shall be followed in applications for rehearing based upon good cause.

(2) Adjournment, continuance or postponement, rescheduling or reopening of the hearing may be granted by the hearing officer for good cause including, but not limited to, death in the family, serious personal injury or illness, and sudden and unexpected emergencies.

Author:

Ala. Admin. Code r. 660-1-5-.13

Permanent adoption effective February 21, 1984. Succedent permanent amendment effective August 12, 1986. Succedent emergency amendment effective August 12, 1986. Succedent permanent amendment effective December 9, 1986. Succedent permanent amendment effective June 17, 1987.

Statutory Authority:Code of Ala. 1975, §§ 38-2-1 through -13, 38-4-5 through -6, 41-22-1 through -27.