Iowa Admin. Code r. 621-2.3 - Default
(1) If a party
fails to appear or participate in a contested case hearing after proper service
of notice, the presiding officer may, if no continuance is granted, enter a
default decision or proceed with the hearing and render a decision in the
absence of the party.
(2) Default
decisions or decisions rendered on the merits after a party has failed to
appear or participate in a contested case hearing become final agency action
unless, within 20 days after the mailing of the decision to the parties, a
motion to vacate pursuant to subrule 2.3(3) is filed and served on all parties
or, if the decision is a proposed decision within the meaning of Iowa Code
section
17A.15(2),
an appeal from the decision to the board on the merits is filed within the time
provided by rule 621-9.2 (17A,20) or, in cases
brought pursuant to Iowa Code section
8A.415,
a petition for review by the board on the merits is filed within the time
provided by rule 621-11.8 (8A,20).
(3) A motion to vacate may be filed only by a
party who failed to appear for the hearing and against whom the decision was
rendered. The motion must state all facts relied upon by the moving party which
establish that good cause existed for that party's failure to appear. 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 and filed and served with the motion.
(4) Properly substantiated and timely filed
motions to vacate shall be granted only for good cause shown. The burden of
proof as to the existence of good cause is on the moving party. Adverse parties
may, within ten days of the service of the motion and supporting affidavit(s)
upon them, file a response to the motion. Adverse parties shall be allowed to
conduct discovery as to the issue of the existence of good cause and to present
evidence on the issue prior to a ruling on the motion, if a request to do so is
included in that party's response.
(5) The time for the filing of an
intra-agency appeal from or petition for review of a decision for which a
timely motion to vacate has been filed is stayed pending the issuance of the
presiding officer's ruling on the motion to vacate.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.