OAC

OACRP 23

OAC Rule 23. Non-Appearing Party. 

 

If a party fails to appear at a hearing after the OAC has sent notice of the hearing to that party, a judge shall not enter any orders against the non-appearing party as a result of that hearing unless:

 

A.  The judge finds that the address to which the notice of hearing was sent is the most recent address provided by the non-appearing party to either the OAC or the Division of Workers' Compensation; or

 

B.  If no address for the non-appearing party is on file with the OAC or the Division of Workers' Compensation, the judge finds on the basis of other evidence that:  Notice of the hearing was sent to an address at which it is likely to be received by the non-appearing party or the non-appearing party's authorized representative; or The non-appearing party in fact received notice of the hearing.

 

C.  A copy of a record or other written statement from the OAC or the Division of Workers' Compensation containing the most recent address provided by the non-appearing party to either of those agencies shall be sufficient to create a rebuttable presumption that the non-appearing party received notice of the hearing.

 

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