Sec. 13b.04.01.20. Failure to Attend Hearing and Default

A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other proceeding scheduled by the Secretary or the Commission, as appropriate, the Secretary or the Commission may issue a proposed decision or a final decision, as appropriate, against the defaulting party.

B. Within 7 calendar days after service of a default order, the party may file a written motion requesting that the default order be vacated or modified, and stating the grounds for the request.

C. If the Secretary or the Commission, as appropriate, finds that there is a substantial and sufficient basis for an actual controversy on the merits and that there is good cause to excuse the default, the Secretary or the Commission may vacate the default order.

D. A final default order is a final decision and is reviewable as such.