Failure to Appear at a Programmatic Administrative Disqualification Action

Failure to Appear at a Programmatic Administrative Disqualification Action. If a Client fails to appear at a Programmatic Administrative Disqualification Action, the hearing shall be conducted without the Client present. The Agency shall be required to meet its burden of proof regardless of the Client’s attendance. If the Client is found to have committed an Intentional Program Violation, but the Hearing Officer later determines that the Client had good cause for their failure to appear, the previous decision shall be vacated pursuant to Rule 4.8 Vacating a Hearing, and the Agency shall conduct a new hearing. If a Client’s failure to appear is based upon a showing of nonreceipt of a hearing notice as described in Rule 5.3 Notice of a Programmatic Administrative Disqualification Action, the Client has thirty (30) calendar days after the date of the Hearing Officer’s decision to establish nonreceipt. In all other instances, the Client has ten (10) calendar days from the date of the scheduled hearing to establish good cause for their failure to appear.