Scheduling of the Hearing

The time and place of the ADH shall be accessible to the household member suspected of an IPV. If the household member or his or her representative fails to appear at the hearings without good cause, the hearing shall be conducted and if not present, the hearing official is required to carefully consider the evidence and determine if an IPV was committed based on clear and convincing evidence. If the household member is found to have committed an IPV but the Director of the Division of Hearings for the Department later determines that the household member or representative failed to appear with good cause, in accordance with 106 CMR 343.320(D), the previous decision shall no longer be valid and the Department shall conduct a new hearing. The household member has ten days from the date of the scheduled hearing to present reasons indicating good cause for failure to appear.