Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 1.000 - Fair Hearings
Section 1.530 - Dismissal for Failure to Prosecute
Current through Register 1531, September 27, 2024
(1) If the appellant fails to appear at the hearing, the hearing officer shall notify the appellant in writing with a copy to the appellant's representative, if any, that if within ten calendar days of the notice the appellant fails to request a rescheduled hearing and show good cause for the failure to appear, the appeal will be considered abandoned.
(2) When the record discloses the failure of the appellant to file documents required by these rules, respond to notices or correspondence, or comply with orders or when the appellant otherwise indicates intention not to continue with the prosecution of his or her appeal, ORI may issue an order requiring the appellant to show cause why the matter should not be dismissed for lack of prosecution.
(3) If the hearing officer finds good cause, the appeal shall be rescheduled; if not, the appeal shall be dismissed and aid pending appeal shall be discontinued.
