Section 140.04. Failure to file a timely appeal.

 

(1)  The hearing office may schedule a hearing on the question of whether a late appeal was for a reason beyond the appellant's control. The hearing office may also schedule a provisional hearing on any matter in the determination at the same time as the hearing on the appellant's late appeal.

(2)  The administrative law judge shall issue a decision which makes ultimate findings of fact and conclusions of law as to whether or not the appellant's late appeal was for a reason beyond the appellant's control. If the administrative law judge decides this question in favor of the appellant, the same or another administrative law judge shall then make ultimate findings of fact and conclusions of law on the merits of the case. If the administrative law judge decides that the late appeal was late for a reason within the appellant's control, the administrative law judge shall dismiss the appeal.

Cr. Register, November, 1985, No. 359 , eff. 12-1-85; am. (3), Register, November, 1988, No. 395 , eff. 12-1-88; r. and recr. Register, June, 1997, No. 498 , eff. 7-1-97.