DECISION OF THE BOARD OF DIRECTORS
On December 8, 2010, Hearing Officer Gary M. Gilbert issued his Order Dismissing Complaint with Prejudice for Failure to Proceed and Failure to Prosecute on the grounds that the Appellant and his counsel had failed to appear at the scheduled hearing and had not shown good cause for that failure. Further, the Appellant had failed to submit an appropriate jurisdictional statement as ordered. The Appellant timely filed a petition for review of the Hearing Officer’s decision. The Appellant did not file a supporting brief.
Upon due consideration of the Hearing Officer’s decision, the Appellant’s filings, and the record in this proceeding, the Board affirms the Hearing Officer’s dismissal of the complaint with prejudice. The Board agrees with the Hearing Officer that the Appellant failed to proceed in this matter when he and his counsel did not appear at the scheduled hearing. In this connection, the Board also agrees with the Hearing Officer’s conclusion that the Appellant and his counsel did not show good cause for failing to appear at the hearing. The Board further agrees with the Hearing Officer that the Appellant failed to prosecute this case by belatedly filing a jurisdictional statement that did not address the issues and facts of the instant case.
The record shows that the Hearing Officer scheduled a hearing for the instant case on October 18, 2010. The Appellant did not request an extension or postponement of the hearing date. On October 18, 2010, the Appellant and his Counsel failed to appear at the hearing. The Appellant’s counsel contacted the Hearing Officer one hour after the scheduled start of the hearing to say that he had experienced automobile trouble. He gave no explanation for why the Appellant did not appear. The record further shows that in response to a notice to show cause and a supplemental notice to show cause, the Appellant stated that he failed to appear because of “unintentional neglect and oversight.”
