21 NCAC 54 .2309             FAILURE TO APPEAR

(a)  Continuances shall be granted only in compelling circumstances, such as sickness, previous immovable conflict, or unavailability of key witnesses.

(b)  If a hearing is conducted or a decision is reached in an administrative hearing in the absence of a party, or if a proceeding is dismissed as to a party, that party may file a motion for reconsideration with the Board.

(c)  Motions to reconsider shall not be granted except when the petitioner can show that the reasons for his failure to appear were due to an emergency, such as an urgent medical issue or severe weather.

 

History Note:        Authority G.S. 90‑270.143; 150B‑40(a);

Eff. August 1, 1984;

Amended Eff. March 1, 1989; January 1, 1986;

Readopted Eff. April 1, 2020.