Title: Section 358-5.5 - Abandonment of a request for a fair hearing.

358-5.5 Abandonment of a request for a fair hearing. (a) The department will consider a fair hearing request abandoned if neither the appellant nor appellant's authorized representative appears at the fair hearing unless either the appellant or appellant's authorized representative has:

(1) contacted the department within 15 days of the scheduled date of the fair hearing to request that the fair hearing be rescheduled; and

(2) provide the department with a good cause reason for failing to appear at the fair hearing on the scheduled date; or

(3) contacted the department within 45 days of the scheduled date of the hearing and establishes that the appellant did not receive the notice of fair hearing prior to the scheduled hearing date.

(b) The department will restore a case to the calendar if the appellant or appellant's authorized representative has met the requirements of subdivision (a) of this section.