The hearing officer of the Division shall dismiss or deny a request for a Fair Hearing:

1) Where it has been withdrawn by the appellant in writing; or

2) Where the sole issue is one of State or federal law requiring automatic benefit adjustments for classes of TANF, GA, Child Care or Medicaid/Medical Assistance recipients (unless the reason for an individual appeal is incorrect grant computation); or

3) Where the appellant has abandoned his/her request by failing without good cause, to appear by him/herself or by an authorized representative at a scheduled hearing.

a) Good cause for failure to appear at a hearing may include, but is not limited to the following:

1. Death in the family;

2. Personal injury or illness;

3. Sudden and unexpected emergencies;

4. Failure to receive the hearing notice

4) The request is not received within the specified 90 day time period.

The hearing officer will notify both the appellant and the agency if a request for a hearing is dismissed.

10 DE Reg. 1703 (05/01/07)