Mediation and Hearing Requests
(5)If there is a factual dispute about whether there is good cause for an untimely filing, the Program shall refer the matter to the IHO for a hearing to determine whether:
(a)The hearing request was received timely;
(d)If the client submits a corrected request identifying a hearable issue within the timeframes described in section (5)(c), the Program shall use the date of the corrected request, not the original request, for purposes of calculating the 60 day deadline to hold the mediation or hearing as described in section (10) of this rule.
(7)When the Program has issued a Notice of Action and the client fails to request mediation or a hearing within required timeframes, the Program’s Notice of Action is final and the Program shall issue no further order. The Program file, including all materials submitted by a party, shall be considered the record of the matter, and the record shall constitute a prima facie case supporting the Program’s action. The only exception is if the client demonstrates that there was good cause, under section (4) of this rule, for the untimely request.
(a)The client withdraws the request for hearing;
(c)The client was notified about the scheduled prehearing conference, hearing, or other hearing related proceeding and:
(B)The client informs the Program or IHO that the client will not appear at the prehearing conference, hearing or other hearing-related proceeding.
(9)If the client fails to appear at the scheduled prehearing conference, hearing or other hearing-related proceeding or appears to abandon the hearing request and before dismissing the request for hearing, the IHO finds that the client had good cause, the IHO may not dismiss the request for hearing under section (8) of this rule. In this case, the IHO shall schedule a new prehearing conference, hearing or other hearing- related proceeding. If the reasons for the client’s failure to appear are in dispute, the IHO shall schedule a hearing on the reasons for the client’s failure to appear.
(10)The client may withdraw a request for hearing at any time before the IHO issues an order.
Rule 582-020-0035 — Mediation and Hearing Requests,