(a) Representation. The parties may appear in person, by counsel, or
otherwise.
(b) Failure to appear. In the event that a party appears at the
hearing and no party appears for the opposing side, the presiding
Administrative Law Judge is authorized, if such party fails to show good
cause for such failure to appear, to dismiss the case or to find the
facts as alleged in the complaint and to enter a default judgment
containing such findings, conclusions and order as are appropriate. Only
where a petition for review of such default judgment cites alleged
procedural irregularities in the proceeding below and not the merits of
the case shall a non-appearing party be permitted to file such a
petition for review. Failure to appear at a hearing shall not be deemed
to be a waiver of the right to be served with a copy of the
Administrative Law Judge's decision.
