Section 2.09. Changes in time or place of hearing; adjournments; failures to appear.

 

(1)   Changes. Requests for changes in the time or place of a scheduled hearing may be granted by the department or administrative law judge only for good cause shown. A request received after a required newspaper publication or legal notice may be rescheduled only if the person requesting the change bears the cost of republication of the notice and the administrative law judge deems the change appropriate under the circumstances presented.

(2)   Adjournment. The department or the administrative law judge may adjourn a hearing for good cause shown, the hearing to be reset or reconvened at the discretion of the department or the administrative law judge or at a time and place set by the department or the administrative law judge on the record of the hearing prior to adjournment.

(3)   Failure to appear.

(a) If an applicant for a permit or license fails to appear at a hearing following due notice, the department or the administrative law judge may dismiss the application unless the applicant shows good cause for the failure to appear. If an applicant fails to submit proof of publication and notice as required by statute, the department or the administrative law judge may dismiss the application and cancel the hearing.

(b) If a respondent in an enforcement proceeding fails to appear, the department or the administrative law judge shall take testimony and issue, modify or rescind the order as may be appropriate.

(c) If a petitioner in a proceeding fails to appear, the department or the administrative law judge may dismiss the petition unless the petitioner shows good cause for the failure to appear.

History: Cr. Register, March, 1973, No. 207 , eff. 4-1-73; am. (2) and (3), cr. (3) (c), Register, March, 1984, No. 339 , eff. 4-1-84; CR 02-046 : am. Register September 2004 No. 585 , eff. 10-1-04.