TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1848 GENERAL RULES RELATING TO PROCEDURE AND PRACTICE
SECTION 1848.22 DEFAULT


 

Section 1848.22  Default

 

If a party, after proper service of notice, fails to appear at a pre-hearing conference or at a hearing, and if no continuance has been granted, the hearing officer may proceed to make his decision in the absence of such party.  If the failure to appear is due to an emergency situation beyond the parties' control, and the Department is notified of such situation on or before the scheduled pre-hearing conference or hearing date, the conference or hearing will be continued or postponed pursuant to Section 1848.18. Emergency situations include sudden unavailability of counsel, sudden illness of a party or his representative or similar situations beyond the parties' control.