TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 14 PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 14.60 DISMISSAL OF APPEAL
Section 14.60 Dismissal of Appeal
a) An appeal shall be dismissed if:
1) The appellant or the appellant's authorized representative does not appear at the time, date and place designated for the hearing; or
2) The appellant or the appellant's authorized representative fails or refuses to proceed with the hearing.
b) The appellant shall be informed of the dismissal by written notice.
c) When an appellant whose assistance has been continued unchanged as a consequence of a request for a hearing does not appear at a scheduled hearing, and fails to advise the Department or Public Aid Committee of his or her inability to attend, the Department shall proceed with the planned change in assistance and/or food stamp benefits. This action will not be taken if the Department determines that there was good cause for the appellant's absence. (See subsection (e) below).
d) Request to vacate a dismissal must be in writing and signed by the appellant or the appellant's authorized representative. Such requests must be filed with the Bureau of Assistance Hearings not more than 10 days after the date of the dismissal notice.
e) Dismissals shall be vacated only if good cause for non-appearance is shown. Good cause is defined as:
1) death in the family;
2) personal injury or illness that reasonably prohibits the appellant from attending the hearing; or
3) sudden and unexpected emergency or other circumstances beyond the appellant's control that reasonably prevent the appellant from attending the hearing.
f) Disposition by dismissal is a Final Administrative Decision.