21 NCAC 54 .2309             FAILURE TO APPEAR

(a)  Should a party fail to appear at a scheduled hearing, the Board may proceed with the hearing in the party's absence, order a continuance or recess, or dismiss the proceeding.

(b)  Continuances will be granted only in compelling circumstances. Usually only one such postponement will be allowed.

(c)  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 a party may file a written petition with the Board for a reopening of the case.

(d)  Petitions for reopening a case will not be granted except when the petitioner can show that the reasons for his failure to appear were justifiable and unavoidable and that fairness requires reopening the case.


History Note:        Authority G.S. 90‑270.9; 150B‑40(a);

Eff. August 1, 1984;

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