Iowa Admin. Code r. 185-10.22 - [Rescinded effective 3/26/2025] Default
(1)
Default. If a party fails to appear or participate in a
contested case proceeding after proper service of notice, the presiding officer
may, if no adjournment is granted, enter a default decision or proceed with the
hearing and render a decision in the absence of the party.
(2)
Motion for default.
Where appropriate and not contrary to law, any party may move for default
against a party who has requested the contested case proceeding and has failed
to file a required pleading or has failed to appear after proper
service.
(3)
Motion to
vacate. Default decisions or decisions rendered on the merits after a
party has failed to appear or participate in a contested case proceeding become
final agency action unless, within 15 days after the date of notification or
mailing of the decision, a motion to vacate is filed and served on all parties
or an appeal of a decision on the merits is timely initiated within the time
provided by rule 185-10.27 (17A). A motion to
vacate must state all facts relied upon by the moving party which establish
that good cause existed for that party's failure to appear or participate at
the contested case proceeding. Each fact so stated must be substantiated by at
least one sworn affidavit of a person with personal knowledge of each such
fact, which affidavit(s) must be attached to the motion.
(4)
Appeal. The time for
further appeal of a decision for which a timely motion to vacate has been filed
is stayed pending a decision on the motion to vacate.
(5)
Good cause showing.
Properly substantiated and timely filed motions to vacate shall be granted only
for good cause shown. The burden of proof as to good cause is on the moving
party. Adverse parties shall have ten days to respond to a motion to vacate.
Adverse parties shall be allowed to conduct discovery as to the issue of good
cause and to present evidence on the issue prior to a decision on the motion,
if a request to do so is included in that party's response.
(6)
Good cause defined.
"Good cause" for purposes of this rule shall have the same meaning as "good
cause" for setting aside a default judgment under Iowa Rule of Civil Procedure
1.971.
(7)
Interlocutory
appeal. A decision denying a motion to vacate is subject to further
appeal within the time limit allowed for further appeal of a decision on the
merits in the contested case proceeding. A decision granting a motion to vacate
is subject to interlocutory appeal by the adverse party pursuant to rule
185-10.25 (17A).
(8)
Resumption of hearing.
If a motion to vacate is granted and no timely interlocutory appeal has been
taken, the presiding officer shall issue another notice of hearing and the
contested case shall proceed accordingly.
(9)
Relief. A default
decision may award any relief consistent with the request for relief made in
the petition and embraced in its issues.
(10)
Effect of decision. A
default decision may provide either that the default decision is to be stayed
pending a timely motion to vacate or that the default decision is to take
effect immediately, subject to a request for stay under rule
185-10.29 (17A).
Notes
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(1) Default. If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party .
(2) Motion for default. Where appropriate and not contrary to law, any party may move for default against a party who has requested the contested case proceeding and has failed to file a required pleading or has failed to appear after proper service.
(3) Motion to vacate. Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final agency action unless, within 15 days after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated within the time provided by rule 185-10.27 (17A). A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party 's failure to appear or participate at the contested case proceeding. Each fact so stated must be substantiated by at least one sworn affidavit of a person with personal knowledge of each such fact, which affidavit(s) must be attached to the motion.
(4) Appeal. The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate.
(5) Good cause showing. Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party . Adverse parties shall have ten days to respond to a motion to vacate. Adverse parties shall be allowed to conduct discovery as to the issue of good cause and to present evidence on the issue prior to a decision on the motion, if a request to do so is included in that party 's response.
(6) Good cause defined. "Good cause" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default judgment under Iowa Rule of Civil Procedure 1.971.
(7) Interlocutory appeal. A decision denying a motion to vacate is subject to further appeal within the time limit allowed for further appeal of a decision on the merits in the contested case proceeding. A decision granting a motion to vacate is subject to interlocutory appeal by the adverse party pursuant to rule 185-10.25 (17A).
(8) Resumption of hearing. If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly.
(9) Relief. A default decision may award any relief consistent with the request for relief made in the petition and embraced in its issues.
(10) Effect of decision. A default decision may provide either that the default decision is to be stayed pending a timely motion to vacate or that the default decision is to take effect immediately, subject to a request for stay under rule 185-10.29 (17A).