Ala. Admin. Code r. 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
Notes
Statutory Authority: Code of Ala. 1975, ยง 34-41-20.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.