358-5.5 Abandonment of a request for a fair hearing.
(a) OAH will consider a fair hearing request abandoned if neither the
appellant nor appellant's authorized representative appears at the fair hearing unless
either the appellant or appellant's authorized representative has:
(1) contacted OAH within 15 days of the
scheduled date of the fair hearing to request that the fair hearing be rescheduled; and
(2) provided OAH with a good cause reason for
failing to appear at the fair hearing on the scheduled date; or
(3) contacted OAH within 45 days of the
scheduled date of the hearing and establishes that the appellant did not receive the
notice of fair hearing prior to the scheduled hearing date.
(b) OAH will restore a case to the calendar if the appellant or
appellant's authorized representative has met the requirements of subdivision (a) of this
section.