42 CFR §498.69
- (a)The ALJ may dismiss a request for hearing if it is abandoned by the party that requested it.
- (b)The ALJ may consider a request for hearing to be abandoned if the party or its representative—
- (1)Fails to appear at the prehearing conference or hearing without having previously shown good cause for not appearing; and
- (2)Fails to respond, within 10 days after the ALJ sends a “show cause” notice, with a showing of good cause.