§ 67-5242A — DEFAULT

(1) Unless otherwise provided by statute or rule, if a party fails to attend or participate in a prehearing conference or hearing in a contested case, the presiding officer may serve upon all parties notice of a proposed default order. The notice shall include a statement of the grounds for the proposed order. Within seven (7) days after service of the proposed order, the party against whom it was issued may file a written petition requesting the proposed order be vacated, and the petition shall state the grounds relied on. The presiding officer shall either issue or vacate the default order promptly after the expiration of the time within which the party may file a petition.
(2) If a default order is issued, the presiding officer may conduct any further proceedings necessary to complete the adjudication without the defaulting party and shall determine all issues in the adjudication, including those affecting the defaulting party. A recommended, preliminary, or final order issued against a defaulting party may be based on the existing record, including the defaulting party’s admissions, and any other evidence offered by the nondefaulting party, without further hearing.
(3) Unless otherwise provided by statute or rule, if a party fails to attend or participate in any other conference in a contested case, the presiding officer may conduct the conference without the attendance of the nonappearing party and issue any appropriate order addressing the subject matter of the conference.

Legislative History

[67-5242A, added 2025, ch. 151, sec. 12, p. 746.]