Tex.
Labor Code Section 410.028
Failure to Attend; Administrative Violation
(a)
A scheduled benefit review conference shall be conducted even though a party fails to attend unless the benefit review officer determines that good cause, as defined by commissioner rule, exists to reschedule the conference.(b)
If a party to a benefit review conference under Section 410.023 (Request for Benefit Review Conference) requests that the benefit review conference be rescheduled under this section, the party must submit a request in the same manner as an initial request under Section 410.023 (Request for Benefit Review Conference). The division shall evaluate a request for a rescheduled benefit review conference received under this section in the same manner as an initial request received under Section 410.023 (Request for Benefit Review Conference).(c)
If a party fails to request that a benefit review conference be rescheduled in the time required by commissioner rule or fails to attend a benefit review conference without good cause as defined by commissioner rule, the party forfeits the party’s entitlement to attend a benefit review conference on the issue in dispute, unless a benefit review officer is authorized to schedule an additional benefit review conference under Section 410.026 (Powers and Duties of Benefit Review Officer)(b).(d)
The commissioner shall adopt rules necessary to implement and enforce this section, including rules that:(1)
define good cause; and(2)
establish deadlines for requesting that a benefit review conference be rescheduled under Subsection (b).
Source:
Section 410.028 — Failure to Attend; Administrative Violation, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.410.htm#410.028 (accessed Jun. 5, 2024).
