SECTION 460:2-13-6. Summary disposition

(a)   In a proceeding for suspension or revocation of a permit under Section 778 of the Act where the permittee fails to appear at a hearing, the permittee shall be deemed to have waived his right to a hearing and the hearing examiner may assume for purposes of the proceeding that:

(1)   Each violation listed in order occurred;

(2)   Such violations were caused by the permittee's unwarranted failure or were willfully caused; and

(3)   A pattern of violations exists.

(b)   In order to issue an initial decision concerning suspension or revocation of the permit when the permittee fails to appear at the hearing, the hearing examiner shall either conduct an ex parte hearing or require DOM to furnish proposed findings of fact and conclusions of law.