Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 23 - Division of Administration Hearings
Chapter 5 - Programmatic Administrative Disqualification Actions
Rule 18-23-5.7 - Failure to Appear at a Programmatic Administrative Disqualification Action

Universal Citation: MS Code of Rules 18-23-5.7
Current through September 24, 2024

If a Client fails to appear at a Programmatic Administrative Disqualification Action, the hearing shall be conducted without the Client present. The Agency shall be required to meet its burden of proof regardless of the Client's attendance. If the Client is found to have committed an Intentional Program Violation, but the Hearing Officer later determines that the Client had good cause for their failure to appear, the previous decision shall be vacated pursuant to Rule 4.8 Vacating a Hearing, and the Agency shall conduct a new hearing.

If a Client's failure to appear is based upon a showing of nonreceipt of a hearing notice as described in Rule 5.3 Notice of a Programmatic Administrative Disqualification Action, the Client has thirty (30) calendar days after the date of the Hearing Officer's decision to establish nonreceipt. In all other instances, the Client has ten (10) calendar days from the date of the scheduled hearing to establish good cause for their failure to appear.

7 C.F.R. § 273.16(e)(4).

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.