Appellant in the above-captioned matter filed an affidavit of appeal of two September 18, 2001, Board of Directors' open enrollment decisions by the Albert City-Truesdale Community School District. This appeal was received on September 24, 2001, and was filed in a timely manner.A telephonic hearing was set for October 23, 2001, at 10:00 a.m. and notification of this hearing was sent out by certified mail on October 3, 2001. On the morning of the hearing, Appellant contacted this office and requested a continuance due to a family emergency. The continuance was granted and the hearing was reset for October 30, 2001, at 12:00 p.m. This notice was also sent by certified mail on October 23, 2001. On October 30, 2001, at 12:00 p.m., attempts to contact Appellant at both her home telephone number and at her work telephone number proved to be unsuccessful.

Due to the lack of the certified mail return receipt, the undersigned Administrative Law Judge again granted a continuance until November 2, 2001 at 10:00 a.m. A female individual did answer Appellant's home telephone later on October 30, 2001, and was verbally informed that a continuance was granted until November 2, 2001, at 10:00 a.m. On November 2, 2001, upon contacting Appellant's home at 10:00 a.m., the undersigned Administrative Law Judge was informed by Appellant's son, Branden, that Appellant had gone to town and was unavailable. An attempt to contact Appellant at her work telephone number proved to be unsuccessful, as well.

On all three of the above dates and times, Appellee's superintendent and other representatives were available and prepared for the appeal hearing. Therefore, pursuant to 281 Iowa Administrative Code 6.19(1), a default decision affirming the September 24, 2001, decisions of the Board of Directors of the Albert City-Truesdale Community School District, is hereby rendered in the above-captioned matter.