Policy Effective: April 1, 2011

Any customer or authorized representative who fails to participate at a hearing may request that the decision issued be set aside and a new hearing scheduled. If a customer or authorized representative failed to participate in a hearing but no decision has yet been issued, the customer or authorized representative may request that the hearing be reopened.

The request must be in writing, must set forth the reason for the request and must be mailed, faxed or delivered to the Division of Adjudication within ten days of the issuance of the decision. If the request is made after the expiration of the time limit, the customer or authorized representative requesting reopening must show good cause for not making the request within ten days.

The Administrative Law Judge (ALJ) has the discretion to schedule a hearing to determine if a customer or authorized representative requesting reopening satisfied the requirements of this rule or may, after giving the customer or authorized representative an opportunity to respond to the request, grant or deny the request on the basis of the official record in the case.

The ALJ may, on the ALJ’s own motion, reschedule, continue or reopen a case if it appears necessary to take continuing jurisdiction based on a mistake as to facts or if the denial of a hearing would be an affront to fairness.

If a request for reopening is not granted, the ALJ will issue a decision denying the request to reopen. A copy of the decision will be given or mailed to the customer or authorized representative, with a clear statement of the right of appeal or judicial review.