SECTION 240:10-11-25. Motion to reopen after failure to appear

(a)   If a party does not appear for a scheduled hearing, the party may move to reopen the hearing within ten (10) days after the mailing of the Assessment Board's Order of Decision. The motion shall provide the reasons for the party's failure to appear and will become a part of the record.

(b)   The Director of the Appellate Division, or a designee, shall review the Motion to Reopen the Hearing. For the purpose of ruling on the motion only, the Director or designee shall accept the facts offered in the motion as true. If the motion does not demonstrate good cause for failure to appear at the prior hearing as defined by OESC Rule 240:10-11-24, the Motion to Reopen the Hearing shall be denied. The Assessment Board shall issue a written order with appeal rights to district court.

(c)   If the Director or designee finds that the motion demonstrates good cause or leaves a question as to whether good cause exists, the Chief Hearing Officer shall set the case for hearing on the issue of good cause for the non-appearance. All interested parties shall be notified of the newly scheduled hearing.

(d)   After the hearing provided for subsection (c) above, if the hearing officer finds good cause as the basis for failure to appear at the previously scheduled hearing, the case will proceed to be heard on the merits.

(e)   After the hearing provided for subsection (c) above, if the hearing officer does not find good cause for the party's failure to appear at the originally scheduled hearing, a decision will be rendered reinstating the original decision.

[Source: Added at 15 Ok Reg 1496, eff 5-11-98; Amended at 16 Ok Reg 1178, eff 5-13-99; Amended at 24 Ok Reg 1233, eff 5-25-07; Amended at 27 Ok Reg 821, eff 5-1-10; Amended at 28 Ok Reg 1055, eff 6-15-11]