SECTION 45:1-5-3. Failure to appear

  Any licensee who fails to appear before the Commission, as directed, after having been first given proper Notice of Contemplated Suspension, Revocation, or Denial of his license by reason of an alleged violation of the Alcoholic Beverage Control Act or the rules of the Commission, and Proof of Service of such notice upon any such licensee having been duly made, may be determined to have waived his right to present a defense to the offense alleged in the Notice of Contemplated Suspension, Revocation, or Denial and a suspension, revocation or denial of the license of any such person may be ordered by the Commission if it appears, after having heard the evidence, that the violation alleged did in fact occur, when such licensee fails to appear before the Commission on the date of the hearing.