SECTION 142.11. Failure To Attend a Benefit Contested Case Hearing

(a) When a party fails to attend a scheduled contested case hearing for which proper notice was provided, the administrative law judge shall proceed with the scheduled hearing. Following the close of evidence, the administrative law judge shall send written notice that the non-attending party has 10 days from the date of receipt of the notice to respond in writing and show good cause for the party's failure to attend.

(b) Other parties to the proceeding may reply, in writing, to the non-attending party's response within three days of receipt of the response.

(c) The administrative law judge shall issue a written ruling based on the filings allowed under subsections (a) and (b) of this section. If the administrative law judge determines that good cause exists for the failure to attend, the hearing will be rescheduled. If good cause is not found, or if the non-attending party does not respond to the notice, the administrative law judge shall issue a decision based on the evidence presented at the hearing and may recommend the issuance of an administrative violation.

Source Note: The provisions of this §142.11 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective January 7, 2019, 44 TexReg 108