Article 35 Determination without hearing
An appeal may be determined without a hearing under this rule if —
the special adjudicator has decided, after giving every other party to the appeal an opportunity of replying to any representations submitted in writing by or on behalf of the appellant, to allow the appeal; or
the special adjudicator is satisfied that the appellant is outside the United Kingdom or that it is impracticable to give him notice of a hearing and, in either case, that no person is authorised to represent him at a hearing; or
a preliminary issue has arisen and, the appellant having been afforded a reasonable opportunity to submit a written statement rebutting the respondent’s allegation —
the appellant has not submitted such a statement, or
the special adjudicator is of the opinion that matters put forward by the appellant in such a statement do not warrant a hearing; or
the parties agree in writing upon the terms of a determination, or
the special adjudicator is satisfied, having regard to —
the material before him;
the nature of the issues raised; and
the extent to which any directions given under rule 23 have been complied with,
that the appeal could be so disposed of justly.
Paragraph (1) shall apply with the necessary modifications to hearings before the Tribunal.
Where an appeal is determined under paragraph (1)(e), written notice of the determination shall be made available for public inspection.
This paragraph applies where —
the decision appealed against has been withdrawn or reversed by the respondent, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant by the respondent; or
the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant or his failure to appear or otherwise to prosecute the appeal, that the appeal has been abandoned; or
the special adjudicator is satisfied, having regard to the material before him or to the conduct of any party, that the decision appealed against has been withdrawn.
Where the appellate authority is satisfied that —
the appellant was notified of the hearing date, and
the provisions of paragraph (4) apply to the appeal,
it shall send to the parties written notice that paragraph (4) applies (specifying the sub-paragraph which is appropriate) and it shall not be necessary to hold a hearing in order to determine the appeal or to issue a written notice of determination.