R 432.516a Disciplinary hearings; hearing officer sanctions and penalties.

Rule 516a. (1) A hearing officer in a disciplinary hearing may recommend sanctions and penalties if the hearing officer finds that a party has failed to appear for a scheduled hearing, has acted in bad faith for the purpose of delay, or has otherwise abused the hearing process. (2) If a respondent fails to testify on the respondent's own behalf with respect to any question propounded to the respondent, the hearing officer may infer that the testimony or answer would have been adverse to the case of the respondent. (3) If the respondent 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 respondent should be disciplined. The hearing officer may also infer that the testimony would have been adverse to the respondent.