Section 104.60  Dismissal of Appeal

a)         In the event appellant and/or his authorized representative does not appear at the time, date and place designated for the hearing, the appeal shall be deemed abandoned and shall be dismissed.

b)         Refusal of the appellant and/or his authorized representative to proceed with the hearing shall be deemed a non-appearance, and the appeal shall be deemed abandoned and shall be dismissed.

c)         The appellant and/or his authorized representative shall be informed of the dismissal by written notice.

d)         Request to vacate a dismissal must be in writing and signed by the appellant and/or his authorized representative.  Such requests must be received by the Department not more than 10 calendar days subsequent to the date of the dismissal notice.

e)         Dismissals shall be vacated only if good cause for non-appearance is shown.  Good cause is defined as:

1)         death in the family,

2)         personal injury or illness which reasonably prohibits the appellant from attending the hearing, and/or

3)         sudden and unexpected emergencies.

f)         Disposition by dismissal is a Final Administrative Decision.