§ 275.27. Presence at the hearing.
(a) The Office of Inspector General and the individual or the individual’s representative will be present for the telephone or face-to-face hearing.
(b) Friends or relatives of the individual may be present for a telephone or face-to-face hearing. The hearing officer may limit the number of persons present at a face-to-face hearing if space limitations exist.
(c) If the individual or the individual’s representative fails to be present for the telephone or face-to-face hearing without good cause, the hearing officer will conduct the hearing without the individual or individual’s representative being present. Even though the individual is not present or represented, the hearing officer will consider carefully the evidence and make a determination. If the hearing officer finds that the individual committed an intentional program violation but later determines that there was good cause for not being present, the Director will nullify the decision. The hearing officer who originally ruled on the case may conduct the new hearing.
(d) The individual or the individual’s representative has 10 days from the hearing date to show good cause for failing to be present in order to receive a new hearing. The hearing officer will enter the good cause decision into the hearing record.
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