Waiver of Hearing

PURPOSE: This rule provides for waiver of hearings after notice of appeal has been filed and to denominate failure to appear without good cause as a waiver of hearing. (1) Any licensee who has appealed the hearing of the judges may waive or withdraw the appeal by filing a written notice of his/her withdrawal with the commission; and the licensee shall be bound by the election and may not request an additional appeal or other formal hearing before the commission. (2) The failure of any licensee to appear without good cause at any hearing before the commission which has been properly noticed under these rules shall be considered a withdrawal of the appeal. (A) The commission shall give notice to the licensee that the failure to appear has been considered a withdrawal of the appeal. (B) The commission shall consider any reason for nonappearance which may be offered, provided the offer is made within thirty (30) days of the notice of withdrawal. (C) If good cause, they may reset the hearing at the time as the interest of justice may require. AUTHORITY: sections 313.650.2 and 313.650.3, RSMo 1986.* This rule originally filed as 12 CSR 50-90.050. Emergency rule filed July 18, 1986, effective July 28, 1986, expires Nov. 15, 1986. Original rule filed Oct. 3, 1986, effective Jan. 12, 1987. Moved to 11 CSR 45-90.050, effective Aug. 28, 1995. *Original authority: 313.650, RSMo 1986.