| (a) If a party fails to appear for a hearing, the hearing
officer may hear and record the evidence of the party present and
the witnesses, if any, and shall proceed to decide the appeal on the
basis of the record unless there appears to be good reason for continuing
the hearing. A copy of the decision shall be promptly mailed to the
parties with an explanation of the manner in which, and time within
which, a request for reopening may be submitted.
(b) A party that fails to appear at a hearing may,
within 14 calendar days from the date the decision is mailed, petition
in writing for a new hearing before the hearing officer. The petition
should identity the party requesting the reopening and explain the
reason for the failure to appear. The timeliness rules in §823.3
of this chapter (relating to Timeliness) apply to the petition. The
petition shall be granted if it appears to the hearing officer that
the petitioner has shown good cause for the petitioner's failure to
appear at the hearing.
(c) The hearing officer may schedule a hearing on whether
to grant the reopening.
(d) The hearing officer may deny the petition if no
good cause is alleged for the party's nonappearance at the prior hearing.
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