New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 203 - HEARINGS
Section He-C 203.12 - Failure to Attend a Hearing

(a) The physical presence of parties and witnesses at a hearing shall be required, unless excused by the presiding officer under He-C 203.13.

(b) If the appellant fails to attend the hearing, the appellant shall be in default.

(c) If an appellant is in default the presiding officer shall issue a written order allowing appellant 10 days from the date of the order to establish good cause for failing to attend the hearing.

(d) If an appellant establishes good cause, the hearing shall be rescheduled.

(e) If an appellant fails to establish good cause, the presiding officer shall find that the appellant has abandoned the appeal process and dismiss the appeal without further notice to the parties.

(f) If the department fails to attend the hearing, and is the party with the burden of proof, the department shall be in default.

(g) If the department is in default, the presiding officer shall issue a written order allowing the department 10 days from the date of the hearing to establish either:

(h) If the department establishes good cause, or a compelling reason is found to go forward with a hearing, the hearing shall be rescheduled.

(i) If the department fails to establish good cause or other compelling reason, the presiding officer shall find that the department has decided not to defend its decision and that decision shall be reversed automatically, without a hearing.

(j) If the department fails to attend the hearing and does not have the burden of proof, the presiding officer shall either proceed with the hearing as scheduled without the department, or continue the hearing as fairness and justice dictate.