Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
032 - OFFICE OF SECURITIES
Chapter 540 - ADJUDICATORY PROCEEDINGS RULE
Section 032-540-19 - Failures to Appear; Grounds for Default

1. General rule. In accordance with 5 M.R.S.A. §9053(3), the Administrator or presiding officer may dispose of an adjudicatory proceeding by default against any party that fails to timely request a hearing, appear at a scheduled hearing or conference, participate in the proceeding, take any required action, or comply with the agency's orders, rules, or directions in connection with that proceeding. In the alternative, where a party fails to appear for a scheduled hearing or conference, the Administrator may proceed to hold the hearing or conference and render decisions in that party's absence.

2. Party's appearance. Where a party is represented by an attorney, the party is not excused from appearing at a scheduled hearing unless the Administrator or presiding officer, in his/her discretion and for good cause shown, orders that the party may be so excused.

3. Telephone or video appearance. When a party has been allowed to appear at a hearing or conference by telephone, video, or other electronic means, the party fails to appear within the meaning of this section if, for more than 10 minutes after the scheduled time of the hearing or conference, the party fails to (A) answer or free the telephone, (B) appear at the videotaping site, or (C) otherwise be prepared to proceed with the hearing or conference as scheduled.