Failure to timely appear at hearing

(a) A party shall be deemed to have failed to timely appear at a scheduled hearing before the Board when such party fails to appear at the location of the hearing within 10 minutes of the scheduled time for such hearing. For purposes of this section, a party to a telephone hearing shall appear by telephoning the designated Appeals Division telephone hearing number within ten (10) minutes of the scheduled time for such hearing unless such party otherwise appears in person at the Appeals Division office conducting such hearing. A party may be deemed to have appeared if an attorney, authorized agent or witness appears on behalf of such party within such 10 minutes. Unless otherwise stipulated with the consent of the Board, the watch or timepiece of the Chairman, or the person to whom the Chairman has pursuant to these regulations delegated the authority to conduct the hearing, shall be the sole instrument by which timely appearance at the hearing is determined. (b) If any party fails to appear the Board may: (1) proceed with the hearing and take the evidence and argument put forward by the parties present; or (2) reschedule or continue the hearing if the Board reasonably determines that good cause exists for doing so, which good cause may include but need not be limited to defective notice of hearing; or (3) decide the case on the basis of the existing record without proceeding with the hearing except that if the appearing party shows good cause for proceeding with the hearing, the Board shall take the evidence and argument put forward by the parties present. (c) When any party, attorney or authorized agent realizes that such party, attorney or agent will likely be unable to timely appear at a scheduled hearing before the Board, it is the responsibility of such party, attorney or agent to immediately report such fact, and the reason therefor, to the office of the Board. The Appeals Division shall record such report and the time it was received, in the file of such case. Such report shall be part of the record of the case. The Board may refuse to grant a motion to reopen, vacate, set aside or modify filed on behalf of any party which failed to timely reveal good cause for the failure of such party, or that party's representative, to timely appear at the scheduled hearing or to give timely notice to the Appeals Division of its inability to appear. (d) When any party, attorney, authorized agent or witness presents himself to the Board at the location of a scheduled hearing at a time subsequent to the disposition of that hearing, the Board shall record in the file of such case the time and reason given, if any, for such late arrival. (e) For purposes of this section, good cause shall include such factors listed in section 31-237g-34 of these regulations as may be relevant to a party's failure to appear.