Ariz. Admin. Code § 6-11-206

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-11-206 - Failure of a Party to Appear

A. If there is no appearance on behalf of an interested party at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or proceed to review the evidence of record and such other evidence as may be presented at the scheduled hearing and make a disposition or recommendation on the merits of the case.

B. If a recommendation is issued adverse to any interested party that failed to appear at a scheduled hearing, that party may request a hearing to determine if good cause exists to reopen the hearing. The request to reopen must be in writing, filed within ten days of the date of mailing of the recommendation or disposition, and shall set forth the reasons for the failure to appear.

C. A hearing shall be held to determine whether there was good cause for the failure to appear and, in the discretion of the hearing officer, to review the merits of the case. Upon a finding of good cause for failure to appear at the scheduled hearing, the disposition or recommendation on the merits shall be vacated and the case reset for hearing.

D. Good cause warranting reopening of a case shall be established upon proof that both the failure to appear and failure to timely notify the hearing officer were beyond the reasonable control of the nonappearing party.

E. When an appellant fails to appear or waives appearance, the hearing officer may enter a default disposition without further right to appeal except as provided in this rule.

Ariz. Admin. Code § R6-11-206

Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-206 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).