Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND
Section 14.11 - Failure to Appear
Current through Register 1531, September 27, 2024
(1) Failure to Appear Default. If a party fails to appear at the hearing, the arbitrator may enter a finding by default against that party upon a determination that the appearing party has made a showing of sufficient facts to warrant an award.
(2) Default Forgiveness. If the defaulting party, within ten business days after the hearing, demonstrates good cause to the arbitrator for failing to appear, the arbitrator may set aside the default. A new hearing may then be scheduled pursuant to 201 CMR 14.10(2) or a written hearing may be used to resolve the dispute pursuant to 201 CMR 14.07.
(3) Failure to Appear Arbitration. An arbitration may proceed in the absence of any party or representative who has received due notice pursuant to 201 CMR 14.08(6) and (8), but fails to be present or fails to obtain a postponement.