Ala. Admin. Code r. 364-X-17-.02

Current through Register Vol. 43, No. 02, November 27, 2024

Section 364-X-17-.02 - Failure To Appear

(1) If a party fails to appear in a contested case after proper service of notice, the Board, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party.

(2) Continuances, adjournments and like dispositions will be granted in compelling circumstances. Usually only one such postponement will be allowed.

(3) Petition for reopening a case will not be granted except when the petitioner can show, in writing, that the reasons for his or her failure to appear were justifiable and unavoidable and that fairness requires reopening the case. Such petitions, however, will have no effect of the running of the 30 day period for seeking judicial review, which starts the day of final judgment by the Board.

(4) The decision of the Board will be in writing and a copy will be sent via registered or certified mail to the petitioner and made a part of the record of the hearing.

Author: Thornton L. Neathery

Ala. Admin. Code r. 364-X-17-.02

New Rule: Filed May 10, 1996; effective June 14, 1996. Amended: Filed March 5, 2002; effective April 9, 2002.

Statutory Authority:Code of Ala. 1975, § 34-41-20.