40.—(1) If a party fails to attend or be represented at a hearing of which he has been duly notified, the panel may—
(a)unless it is satisfied that there is reasonable excuse for such absence, hear and determine the appeal or application, as the case may be in the party’s absence; or
(b)adjourn the hearing.
(2) Before determining any appeal or application in the absence of a party, the panel shall consider any representations in writing submitted by that party in response to the notice of hearing and, for the purpose of this rule, the appeal or application and any reply shall be treated as representations in writing.