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House Journal: Page 1590: Tuesday, April 14, 1998

11	(5)  Funds are unavailable to pay the costs of an
12   administrative law judge and an intra-agency appeal.
13	(6)  The request was not timely filed.
14	(7)  There is other identified good cause, as
15   specified by rule, for denying the request."
16	51.  Page 15, line 28, by striking the words
17   "head, either the agency head" and inserting the
18   following:  ", either the agency".
19	52.  Page 15, line 29, by striking the words "the
20   agency head" and inserting the following:  "a
21   multimember agency".
22	53.  Page 15, line 30, by striking the word
23   "office" and inserting the following:  "division".
24	54.  Page 15, line 32, by striking the word
25   "head".
26	55.  Page 15, line 34, by striking the word
27   "head".
28	56.  Page 16, line 3, by striking the word
29   "office" and inserting the following:  "division".
30	57.  By striking page 16, line 33, through page
31   17, line 31, and inserting the following:
32	"3.  If a party fails to appear or participate in a
33   contested case proceeding, the presiding officer may,
34   if no adjournment is granted, proceed with the hearing
35   and make a decision in the absence of the party.  The
36   parties shall be duly notified of the decision,
37   together with the presiding officer's reasons for the
38   decision, which is the final decision of the agency,
39   unless within fifteen days after the date of
40   notification or mailing of the decision, further
41   appeal is initiated.  If a decision is rendered
42   against a party who failed to appear for the hearing
43   and the presiding officer is requested by that party
44   to vacate the decision for good cause within fifteen
45   days after the date of notification or mailing of the
46   decision, the time for initiating a further appeal is
47   stayed pending a determination by the presiding
48   officer to grant or deny the request.  If adequate
49   reasons are provided showing good cause for the
50   party's failure to appear, the presiding officer shall

Page 5

 1   vacate the decision and, after proper service of
 2   notice, conduct another evidentiary hearing.  If
 3   adequate reasons are not provided showing good cause
 4   for the party's failure to appear, the presiding
 5   officer shall not vacate the decision and the decision
 6   shall then become the final decision of the agency,
 7   unless within fifteen days after the date of
 8   notification or mailing of the determination not to
 9   vacate, further appeal is initiated."
10	58.  Page 17, by inserting before line 32 the

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01590.html
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