Section 38.157. Lack of progress or repeated failure to follow statute or rule.

After a party, the administrative law judge, or the commission gives a party notice of an alleged deficiency and an opportunity to respond or comply within 10 days, the administrative law judge or the commission may dismiss an appeal or deny a discharge or demotion for a party's lack of progress or for a party's repeated failure to comply with the  procedures specified in section 4 of article 4 of the act or these rules. A party may move to set aside an order under this rule within 10 days of the issuance of the order. A motion to set aside an order shall be granted only if  good cause is shown and an affidavit of  facts  showing a meritorious claim or defense is filed.

History: 1998-2000 AACS.