ARSD 67:17:02:14. Default

An appellant is considered to be in default if one of the following circumstances exists: (1) The appellant failed to appear at the hearing, did not request an exemption for appearing at the hearing at least 10 days before the hearing, and the Office of Administrative Hearings did not grant an exemption from this requirement before the hearing; (2) The appellant fails to reply within 10 days to the hearing examiner's request to show good cause for the appellant's failure to appear at a hearing; or (3) The hearing examiner finds that the reason the appellant failed to appear does not constitute good cause.