R849-1-7. Availability of Hearing

  (1) All requests for Hearings/Agency Action shall be set for an initial hearing in accordance with Section R849-1-11.

  (2) The ALJ will conduct an evidentiary hearing in connection with the agency action if the aggrieved person requests a hearing and there is a disputed issue of fact. If there is no disputed issue of fact, the ALJ may deny a request for an evidentiary hearing and issue a recommended decision without a hearing. There is no disputed issue of fact if the aggrieved person submits facts that do not conflict with the facts that the agency relies upon in taking action or seeking relief.

  (3) The Office may deny or dismiss a request for a hearing if the aggrieved person:

  (a) withdraws the request in writing;

  (b) verbally withdraws the hearing request at a prehearing conference;

  (c) fails to appear or participate in a scheduled proceeding without good cause;

  (d) prolongs the hearing process without good cause;

  (e) cannot be located or agency mail is returned without a forwarding address; or

  (f) does not respond to any correspondence from the ALJ.

  (4) If the aggrieved person objects to the hearing denial, the person may raise that objection as grounds for relief in a request for reconsideration with the Agency board in accordance with Section 63G-4-302.