Ala. Admin. Code r. 70-X-5-.11

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

Section 70-X-5-.11 - Dismissal Of Administrative Review Or Hearing

(1) If a party fails without good cause to appear at either an administrative review or a formal hearing after proper service of notice the review team or hearing officer may, if no adjournment is granted, proceed with the review or hearing and make a decision in the absence of the party.

(2) A request for administrative review or hearing may be denied or dismissed for the following reasons:

(a) the individual withdraws the request in writing;

(b) the individual makes a request that is contrary to the regulations of the program;

(c) the individual abandons his or her request for administrative review or a hearing when, without good cause, the applicant or client fails to appear.

(3) Good cause is defined as:

(a) death in the immediate family; or

(b) personal injury or illness which reasonably prohibits an applicant or client from attending the review or hearing.

Ala. Admin. Code r. 70-X-5-.11

New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Codeof Ala. 1975, §§ 38-3-8 through 38-3-9; 41-22-12.