007.02(A)(i) SCHEDULING HEARINGS.

A Department hearing officer conducts the Disqualification Hearing in Lincoln, Nebraska at a date and time set by the Department, according to the following guidelines: (a) The household member or representative is entitled to one postponement of a maximum of 30 days of the scheduled hearing if the request for postponement is made at least ten days before the scheduled hearing; (b) If the household member or the individual’s representative cannot be located or fails to appear at a hearing without good cause, the hearing will be conducted without representation for the household member. Even though the household member is not represented, the hearing officer or Director will carefully consider the evidence and determine if Intentional Program Violation was committed based on clear and convincing evidence; (c) If a household member is found to have committed an intentional program violation, but it is later determined by the Department hearing officer or Director that the household had good cause for not appearing, the previous decision is no longer valid and the Department will conduct a new hearing; (d) The household member has ten days from the date of the scheduled hearing to present reasons indicating a good cause for failure to appear. The Department hearing officer or Director will enter the good cause decision into the record; and (e) The household member and any person appearing on the household member’s behalf may appear by telephone, in person at the location of the hearing officer, or by telephone or video conference from a local office that is more accessible to the person.