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REOPEN: RULE 240:10-13-40

Rule 240:10-13-40. Reopen 
(a) If a party does not appear for a scheduled hearing, the party may move to reopen the hearing within five (5) days after the mailing of the Appeal Tribunal's Order of Decision. The motion shall provide reasoning for failure to appear and will become a part of the record. Upon receipt of the motion, the Chief Hearing Officer shall set the case for hearing on the issue of good cause for the nonappearance. All interested parties shall be notified of the newly scheduled hearing. 

(b) If the hearing officer finds good cause as the basis for failure to appear at the previously scheduled hearing, the case will proceed to be heard on its merits. 

(c) If the hearing officer does not find good cause for the party's failure to appear at the originally scheduled hearing, a decision will be rendered reinstating the original decision. 

(d) If the party who failed to appear at the originally scheduled hearing appears for the new hearing and the party who appeared at the originally scheduled hearing does not appear, testimony and evidence from the party present will be taken, the tape made at the original hearing played, and the decision shall be rendered based upon the sworn testimony and other evidence submitted at both the first hearing and the second hearing. 


Definition of Good Cause