Sec. 14.34.04.14. Dismissal for Lack of Prosecution or Failure to Attend Scheduled Proceeding  


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  • A. The Board may issue a default order dismissing a case for want of prosecution or for failure by a party to attend a prehearing conference, hearing, or other scheduled proceeding, after receiving notice.

    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 finds that there is good cause to excuse the default, the Board may vacate the default order.

    D. A final default order is:

    (1) A final decision; and

    (2) Reviewable in court as a final decision.