Current through Register Vol. 48, No. 14, April 8, 2022
If an appellant fails to appear at the
scheduled hearing, the hearing officer shall:
1. Enter a default and issue a decision
dismissing the appeal, except as provided in subsection (B);
2. Rule summarily on the available record;
3. Adjourn the hearing to a
later date and time.
The hearing officer shall not enter a default if the appellant notifies the
Office of Appeals before the scheduled time of hearing that the appellant
cannot attend the hearing because of good cause and still desires a hearing or
wishes to have the matter considered on the available record.
C. A party who did not appear at a scheduled
hearing date may file, no more than 10 days after a dismissal date, a request
to reopen the proceedings. The request shall be in writing and shall
demonstrate good cause for the party's failure to appear.
D. The hearing officer shall set the matter
for a hearing to determine whether the appellant had good cause for failing to
If the hearing officer
finds that the party had good cause for failure to appear, the hearing officer
shall reopen the proceedings and schedule a new hearing with notice to all
interested parties as prescribed in
F. Good cause, for the purpose of reopening a
hearing, is established if the failure to appear at the hearing and the failure
to timely notify the hearing officer were beyond the reasonable control of the
nonappearing party. Good cause also exists when the nonappearing party
demonstrates excusable neglect for both the failure to appear and the failure
to timely notify the hearing officer. "Excusable neglect" has the meaning
applied to "excusable neglect" as that term is used in Arizona Rules of Civil
Procedure, Rule 60(c).