(a) If a party fails to appear in a contested case after they have been given proper notice, the hearing officer may continue the hearing or proceed with the hearing and make its decision in the absence of the party.

(b) Subject to Paragraph (c) of this Rule, the failure of a party to appear at or during a duly noticed hearing shall be deemed to be a waiver of all rights to participate and be heard in the hearing.

(c) The hearing officer, upon a timely showing of good cause, may excuse such failure to appear. In such event, the hearing may be rescheduled.

History Note: Authority G.S. 18C-114(a)(14);

Previously adopted as Rule 1C-027;

Eff. January 8, 2024;

Readopted Eff. March 27, 2024.