Section 2.64.320. Failure to participate.

	(a)  If a party who filed a notice of appeal or request for hearing fails to participate in a proceeding, the administrative law judge may order or propose the dismissal of the case or the affirmation of the decision contested.  
	(b)  If an agency decision is the subject of an administrative hearing, and the agency representative fails to participate in a proceeding, the administrative law judge may find contested facts against the agency and may, if consistent with the law and the record,  
		(1) decide the case, or propose that the case be decided, in favor of the party who filed the notice of appeal or hearing request; and  
		(2) order or propose appropriate relief.  
	(c)  If a person with an interest that will be affected by a decision in an administrative hearing is served with a timely notice of the hearing or other proceeding, and the person fails to participate, the person may be bound by the decision as if the person had participated.  
	(d)  In this section, "participate" means to appear in person, by telephone, or in writing at the hearing or other proceeding that could have the effect of disposing of issues in the case.  
	(e)  Nothing in this section relieves the administrative law judge from the requirement to prepare a proposed decision as required in AS 44.64.060 or another statute or regulation or prohibits a party from filing a request for action by the final decision-maker under AS 44.64.060(e).  

Authorities

44.64.020;44.64.040;44.64.060

Notes

Authority

AS 44.64.020 AS 44.64.040 AS 44.64.060

History

Eff. 7/2/2006, Register 178