Haw. Code R. § 13-1-66 - Default

(a) When a respondent fails to answer a violation notice within twenty-one days of the violation notice or such further period granted by the administrator, or fails to attend a board hearing or a contested case hearing after proper service of notice, or otherwise fails to defend against a citation of civil resource violation, the respondent shall be deemed to have waived the right to contest the violation notice, and the board or a hearing officer shall enter the respondent's default, and may

(1) Enter a finding of a violation;

(2) Impose any sanctions for the violation not to exceed those that have been assessed in the violation notice; and

(3) Enter a decision by default, which shall be final.

(b) For good cause shown, the board or a hearing officer may set aside an entry of default or a default decision.

Notes

Haw. Code R. § 13-1-66

[Eff and comp 2/27/09] (Auth: HRS § 199D-1) (Imp: HRS § 199D-1)