Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER
Section 411-702-10 - Default

Universal Citation: 94 ME Code Rules ยง 411-702-10

Current through 2024-38, September 18, 2024

1. Failure to appear. Except as provided in subsection 2 below, if an appellant fails to participate in a scheduled conference, appear at hearing, or otherwise fails to prosecute the case, the appellant may be deemed by the hearing officer to have abandoned the appeal. The hearing officer will so notify the appellant in writing via certified mail. If within 10 business days of receipt of the notice, the appellant submits information which demonstrates, in the judgment of the hearing officer, good cause for failure to appear, the hearing will be rescheduled. On the 11th day following receipt of the notice by appellant and without suitable response, the decision of the Chief Executive Officer will become final and the hearing officer will issue a recommended dismissal with prejudice to the Board.

2. Hearing in the absence of the appellant. A hearing may be held in the absence of the person appealing when:

A. The person requests or agrees to a hearing in their absence; or

B. The hearing officer, at their discretion, proceeds with the hearing as the alternative to a default.

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