(ii) the default was excusable and that Relocatee has a meritorious defense to the intended termination.
(2) The termination date may be delayed if such written application is made by the Relocatee prior to the scheduled date of termination of Relocation Services.
(3) The written application submitted to the hearing officer by the Relocatee pursuant to this section may be granted if the Relocatee provides facts establishing either of the grounds described in paragraph (1) of this subdivision. In such circumstance, in accordance with the provisions of subdivision (h) of these Rules, HPD will deliver to the Relocatee a new notice of intention to terminate Relocation Services and opportunity for a hearing. However, the hearing date will be scheduled on the third business day after delivery of such notice.
(l) Appeal of Hearing Decision Terminating Relocation Services.
(1) An appeal from a decision of a hearing officer may be made in writing to the person designated by the Commissioner of HPD, if it is received within five days after the date of delivery of the hearing officer's decision. The record before the Commissioner's designee will consist of the record of the proceedings, the Site Occupancy Record, the hearing officer's decision and any written arguments which the appellant may wish to submit.