Section 240.465  Dismissal Due to Non-Appearance

a)         If neither the appellant nor the appellant's authorized representative appears at the time and place designated for the hearing, and a postponement has not been requested in writing, the appeal is considered abandoned and is dismissed.

b)         The refusal by the appellant/authorized representative to proceed with the hearing is considered a non-appearance.  The appeal is considered abandoned and is dismissed.

c)         Dismissal of an appeal is a final administrative decision.  The Department will make any planned change in services, which had been delayed pending the outcome of the appeal, immediately upon receipt of written notification from the Hearing Officer and will notify all parties to the appeal in writing.

d)         The Department will send a written notice to the appellant/authorized representative and all parties to the appeal advising that the appeal has been dismissed for non-appearance.

(Source:  Amended at 13 Ill. Reg. 11193, effective July 1, 1989)