Section 792.11005. Denial or dismissal of request for hearing.

(1) The hearing system shall deny or dismiss the request for a hearing under any of the following:

(a)A request is withdrawn by a claimant, counsel, or petitioner, or a claimant’s authorized representative in writing prior to the signing of the final decision and order.

(b)The issue is one of state or federal law, requiring automatic grant adjustments for classes of recipients.

(c)A claimant abandons the hearing.

(d)The administrative law judge has no jurisdiction over the matter.

(e)   An issue is not appealable as authorized by R 400.903.

(2) Abandonment occurs if a claimant, without good cause, fails to appear by himself or herself, or by his or her authorized representative at the scheduled hearing or obstructs the hearing process such that the administrative law judge is unable to make a clear and accurate record of the proceedings or otherwise conduct the hearing.

History: 2015 AACS.