N.H. Admin. Code § Rko 203.09 - Conditional Default for Failure to File Answer
(a) If a respondent
fails to file an answer as required under these rules, the respondent shall be
in conditional default.
(b) A
conditional default for failure to file an answer shall be issued either in
response to a motion for conditional default or sua sponte.
(c) A respondent wishing to strike a
conditional default for failure to answer shall, within 10 days of the date of
the order of conditional default, file:
(1)
An answer that is in conformity with these rules and
RSA
91-A:7-b, II; and
(2) A motion to strike the conditional
default which explains the reasons for the initial failure to answer the
complaint.
(d) A motion
to strike a conditional default for failure to answer shall be granted if:
(1) The motion establishes that the failure
to answer was the result of accident, mistake, or misfortune, and not:
a. Neglect;
b. An effort to delay the resolution of the
case; or
c. Pursuant to
RSA
91-A:7-b, IV, a purposeful
disregard of orders that were issued during the review process;
and
(2) An answer is
submitted which demonstrates that there are:
a. Material issues of fact to be resolved,
such that the claimant's allegations should not be deemed as admitted; or
b. Issues of law which must be
addressed in order to properly resolve the case.
(e) No hearing shall be held on a motion to
strike a conditional default for failure to answer unless the ombudsman
concludes that to hold such a hearing would be beneficial to the ombudsman's
understanding of the issues raised in the motion or any objection
thereto.
(f) A respondent's failure
to move that a conditional default be stricken under paragraph (c) above shall
result in:
(1) The factual allegations
contained in the complaint being deemed true; and
(2) Pursuant to
RSA
91-A:7-b,IV and
RSA
91-A:8,I, the rebuttable
negative inference that the respondent has engaged in a purposeful violation of
RSA 91-A.
Notes
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