Sec. 14.30.11.18. Failure to Attend Hearing and Default

A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other scheduled proceeding, the Board may issue a final decision or the administrative law judge or the Executive Director may issue a proposed decision, as appropriate, against the defaulting party.

B. Within 7 days after service of a default order, the party may file a written motion:

(1) Requesting that the default order be vacated or modified; and

(2) Stating the grounds for the request.

C. If the Board, Executive Director, or administrative law judge, 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 Board, Executive Director, or administrative law judge, as appropriate, may vacate the default order.

D. A final default order is:

(1) A final decision; and

(2) Reviewable in court as a final decision.