Sec.31-237g-26. Failure to timely appear at hearing; dismissal

(a) A party shall be deemed to have failed to timely appear at a scheduled hearing before the Referee when such party fails to telephone the designated Appeals Division hearing number or to appear in person at the Appeals Division office conducting such hearing, not later than ten (10) minutes after the scheduled time for such hearing. A party may be deemed to have appeared if any attorney, authorized agent or witness appears on behalf of such party within such ten (10) minutes. Unless otherwise stipulated with the consent of the Referee, the Referee’s watch or timepiece shall be the sole instrument by which timely appearance at the hearing is determined.

(b) If the appealing party fails to timely appear at a scheduled hearing, the Referee may, following a review of the existing record:

(1) issue a decision dismissing such appeal, pursuant to subsection (f) of this section, due to the failure of the appealing party to prosecute the appeal, if no error is apparent on the face of the record; or

(2) proceed with the hearing and take the testimony, evidence and argument put forward by those present, if any, consider the documentary record established by the Administrator, and issue a decision on the merits of the appeal if the Referee determines that good cause exists for doing so. Good cause may include but need not be limited to the following:

(A) a non-appealing party present expressly requests to so proceed, provided that in such instance the Referee shall advise the requesting party that in the event that another hearing is scheduled on the case it will be advisable for such party to again appear and participate at such further hearing;

(B) the Referee determines, with or without the appearance of any party at the hearing, that the documentary record established by the Administrator does not support the Administrator’s decision appealed from;

(C) the appealing party has appeared for the hearing more than ten (10) minutes past the scheduled starting time but the Referee determines that it will nevertheless be administratively feasible to proceed with the hearing;

(3) reschedule or continue the hearing if the Referee reasonably determines that good cause exists for doing so.

(c) If the appealing party appears at a scheduled hearing, but any non-appealing party fails to appear, the Referee shall proceed with the hearing and take the testimony, evidence, and argument put forward by those present, consider the documentary record established by the Administrator and thereafter issue a decision on the merits of the appeal provided that the Referee may reschedule the hearing if the Referee determines that good cause exists for doing so.

(d) When any party, attorney or authorized agent realizes that such party, attorney or agent will likely not timely appear at a scheduled hearing, it is the responsibility of such party, attorney or agent to immediately report such fact, and the reason therefor, to the Appeals Division office involved. The Appeals Division shall record such report, and the time it was received, in the file of such case. Such report shall be part of the record in the case. The Referee may refuse to grant a motion to reopen, vacate, set aside or modify filed on behalf of any party which failed to timely reveal good cause for the failure of such party, or that party’s representative, to timely appear at the scheduled hearing or to provide timely notice to the Appeals Division of its inability to appear. The failure of an authorized agent that represents parties for a fee to comply with this subsection may be deemed a violation of Section 31-272-4 of the Regulations of Connecticut State Agencies.

(e) When a party, attorney, authorized agent or witness appears for the Referee’s hearing at a time subsequent to the disposition of that hearing, the Referee shall record in the file of such case the name of such person, the time of such late arrival, and the reason given, if any, for such late arrival.

(f) A Referee decision dismissing an appeal due to the failure of the appealing party to appear at the scheduled hearing and prosecute the appeal may consist of a short-form decision which shall conform with Section 31-237g-13 of the Regulations of Connecticut State Agencies, include a statement of the time allowed for appearance at the scheduled hearing, a statement that the appealing party failed to so timely appear, and an announcement of the Referee’s decision dismissing such appeal pursuant to subsection (b) (1) of this section. Such decision need not otherwise comply with Section 31- 237g-20(b) of these regulations. A Referee decision dismissing an untimely appeal pursuant to Section 31-237g-34 of the Regulations of Connecticut State Agencies, where the appealing party also failed to timely appear at the referee’s hearing, may consist of a short-form decision which shall consider the good cause factors listed in subsection (c) of said section. Any appealing party whose appeal was dismissed pursuant to this section may, pursuant to Section 31- 237g-34 of the Regulations of Connecticut State Agencies, file a motion to reopen, vacate, set aside or modify such dismissal decision, or file an appeal to the Board from such decision.

(g) For purposes of this section, good cause shall include such factors listed in Section 31-237g- 15(b) of the Regulations of Connecticut State Agencies as may be relevant to a party’s failure to appear.

(Effective June 23, 1986; Amended October 27, 1997; Amended June 3, 2021)