28.02.01.23

.23 Failure to Attend or Participate in a Hearing, Conference, or Other Proceeding; Default.

A. If, after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference, hearing, or other stage of a proceeding, the ALJ may proceed in that party’s absence or may, in accordance with the hearing authority delegated by the agency, issue a final or proposed default order against the defaulting party.

B. If after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference hearing, or other stage of proceeding, the ALJ may issue a default order against the party that bears the burden of proof.

C. Final Default Orders.

(1) Unless otherwise provided by law, a party may move to vacate a final order of default within 30 days after the date of the order. The motion shall state the reasons for the failure to attend or participate in the proceeding.

(2) If an ALJ finds that there is good cause for a party’s failure to attend or participate in the proceeding, the ALJ shall vacate the order and set the case in for further proceedings as appropriate.

(3) If a motion is not filed under §B(1) of this regulation, or is filed and denied, the final default order is effective.

D. Proposed Default Orders. A proposed default order is reviewable in accordance with the delegating agency's regulations governing review of proposed decisions.