PART IIProcedure relating to Appeals
Disposing of an appeal without a hearing7
1
Subject to paragraph (2), the adjudicator may dispose of an appeal without a hearing.
2
The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless–
a
the party who made the request withdraws his request before notice of a hearing has been sent to the other party under regulation 8; or
b
both parties have subsequently consented to the appeal being disposed of without a hearing.
3
Unless both parties consent to the disposal taking place on an earlier date, the adjudicator shall not dispose of an appeal without a hearing until after the expiry of 28 days beginning on the day an acknowledgement is sent in accordance with regulation 4.
4
Notwithstanding anything in paragraphs (2) and (3), if both parties, having been sent a notice of the hearing of an appeal in accordance with regulation 8, fail to attend or be represented at the hearing, the adjudicator may subsequently dispose of the appeal without a hearing.