R 432.514d Denial or non-renewal hearings; sanctions and penalties.

Rule 514d. (1) The hearing officer in a denial or non-renewal hearing may recommend sanctions and penalties if the hearing officer finds that a party has failed to appear at a scheduled hearing, has acted in bad faith for the purpose of delay, or has otherwise abused the hearing process. Sanctions and penalties include, but are not limited to, a fine or default judgment or a directed finding on 1 or more issues. (2) If a petitioner refuses to testify on his or her own behalf with respect to any question propounded to him or her, the hearing officer may infer that the testimony or answer would have been adverse to the case of the petitioner. (3) If the petitioner or attorney of record fails to answer a subpoena or refuses to testify fully at the request of the board, the failure may be considered independent grounds for a finding that the petitioner should have been denied a license, renewal, transfer of ownership, or approval. The hearing officer may also infer from the failure to answer a subpoena or refusal to testify fully that the testimony would have been adverse to the petitioner.