SECTION 240:10-13-39. Nonappearance

(a)   If the appellee fails to appear after having been duly notified of the hearing, the hearing officer will proceed with the hearing. Testimony and evidence will be received from the parties in attendance and a decision rendered.

(b)   If the appellant fails to appear after having been duly notified of the hearing, the hearing officer shall review the documentation upon which the Commission based its determination. If thehearing officer's review of the documentation demonstrates that the determination is not incorrect as a matter of law and that it is supported by some evidence in the documentation, the hearing officer shall enter a default judgment or order favoring the appellee. If the hearing officer's review of the documentation demonstrates that the determination is incorrect as a matter of law or that it is wholly unsupported by evidence in the documentation, the hearing officer shall proceed with the hearing. Testimony and evidence will then be received from the parties in attendance and a decision rendered.

[Source: Amended at 24 Ok Reg 1233, eff 5-25-07]