Iowa Admin. Code r. 481-506.21 - Default
(1) 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) Where
appropriate and not contrary to law, any party may move for default against a
party who has failed to appear after proper service.
(3) 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. A motion to vacate must state all facts relied upon by the moving
party that 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) 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) Properly substantiated and timely filed
motions to vacate will be granted only for good cause shown. The burden of
proof as to good cause is on the moving party. Adverse parties will have ten
days to respond to a motion to vacate. Adverse parties will 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" for purposes of this rule shall have the same meaning as "good cause"
for setting aside a default judgment under the Iowa Rules of Civil
Procedure.
(7) 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
481-506.24 (17A).
(8) If a motion to vacate is granted and no
timely interlocutory appeal has been taken, the presiding officer will issue
another notice of hearing and statement of charges and the contested case will
proceed accordingly.
(9) 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
481-506.26 (17A).
Notes
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(1) 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) Where appropriate and not contrary to law, any party may move for default against a party who has failed to appear after proper service.
(3) 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. A motion to vacate must state all facts relied upon by the moving party that 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) 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) Properly substantiated and timely filed motions to vacate will be granted only for good cause shown. The burden of proof as to good cause is on the moving party . Adverse parties will have ten days to respond to a motion to vacate. Adverse parties will 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" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default judgment under the Iowa Rules of Civil Procedure.
(7) 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 481-506.24 (17A).
(8) If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer will issue another notice of hearing and the contested case will proceed accordingly.
(9) 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 481-506.26 (17A).