| (a) When a party fails to attend a scheduled contested
case hearing for which proper notice was provided, the administrative
law judge shall proceed with the scheduled hearing. Following the
close of evidence, the administrative law judge shall send written
notice that the non-attending party has 10 days from the date of receipt
of the notice to respond in writing and show good cause for the party's
failure to attend.
(b) Other parties to the proceeding may reply, in writing,
to the non-attending party's response within three days of receipt
of the response.
(c) The administrative law judge shall issue a written
ruling based on the filings allowed under subsections (a) and (b)
of this section. If the administrative law judge determines that good
cause exists for the failure to attend, the hearing will be rescheduled.
If good cause is not found, or if the non-attending party does not
respond to the notice, the administrative law judge shall issue a
decision based on the evidence presented at the hearing and may recommend
the issuance of an administrative violation.
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