§ 28-32-30 — Default

North Dakota § 28-32-30

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

1. If a party fails to attend or participate in a prehearing conference, hearing, or other
stage of an adjudicative proceeding, the agency may enter and serve upon all parties
written notice of default and a default order, including a statement of the grounds for
default.
2. Within seven days after service of the default notice, order, and grounds, the party
against whom default was ordered may file a written motion requesting that the default
order be vacated and stating the grounds relied upon. During the time within which a
party may file a written motion under this section, or at the time of issuing notice and
the default order, the agency may adjourn the proceedings or conduct them without
the participation of the party against whom a default order was issued, having due
regard for the interests of justice and the orderly and prompt conduct of the
proceedings. If an agency conducts further proceedings necessary to complete the
administrative action without the participation of a party in default, it shall determine all
the issues involved, including those affecting the defaulting party.