This transmittal explains that every appellant appearing for a fair hearing outside of New York City must be seen by the Hearing Officer. The determination to default the appellant or to grant an adjournment is solely within the discretion of the Hearing Officer.
Appellants who appear late for their appointed time should be advised that they must remain until such time as the Hearing Officer advises them as to the disposition of their hearing.
Should appellants elect to leave before their case is called, it is incumbent on Agency staff to alert the Hearing Officer of the need to afford such appellants an opportunity to explain any urgent situations. It is solely the judgment of the Hearing Officer as to whether the hearing can be held, whether the situation warrants an adjournment, or whether the disposition will be noted as a default.
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