26.—(1) Where a party to a specified determination is absent from the hearing, the rental waiver assessor may —
(a)
decline to make a determination, and dismiss the application for the determination; or
(b)
hear and make a determination on the application.
(2) A dismissal or determination made under paragraph (1) may, on an application by the party who was absent from the hearing (called in this regulation the absent party), be set aside by the rental waiver assessor or another rental waiver assessor if that rental waiver assessor is satisfied that the absent party had a good reason for being absent from the hearing, and that it is just in the circumstances to set aside the dismissal or determination.
(3) An application under paragraph (2) must —
(a)
state the reasons for the absent party’s absence from the hearing;
(b)
be accompanied by supporting documents; and
(c)
be submitted to the Registrar, and served on the other party to the specified determination by the prescribed mode of service, within 5 working days (or such longer period as the Registrar may allow) after the date the notice of the rental waiver assessor’s dismissal or determination made under paragraph (1) is sent to the parties to the determination.
(4) If the other party to the specified determination wishes to oppose the application for setting aside made under paragraph (2), the other party must, within a period directed by the Registrar, submit to the Registrar and serve on the absent party by the prescribed mode of service, a reply stating the reasons why the dismissal or determination should not be set aside.
(5) Where the rental waiver assessor hearing the application made under paragraph (2) decides to set aside the dismissal or determination made under paragraph (1) —
(a)
he or she may do so on such terms as he or she considers just; and
(b)
he or she may proceed to hear the application for a specified determination and make a determination on that application.