Utah Admin. Code R982-111-316 - Failure to Participate in the Hearing and Reopening the Hearing After the Hearing Has Been Concluded
(1) If a party
fails to appear for or participate in the hearing, either personally or through
a representative, the ALJ may:
(a) take
evidence from participating parties and issue a decision based on the best
available evidence; or
(b) enter an
order of default against a party in accordance with Section
63G-4-209.
(2)
(a) The
ALJ shall include a statement of the grounds for default in an order of default
under Subsection (1)(b).
(b) The
division shall deliver an order of default to each party.
(3) Any defaulted party or party failing to
appear may request to reopen the hearing by delivering a written request to the
division.
(4) A party's request for
reopening under Subsection (3) shall conform with the requirements of
Subsection R982-111-300(2).
In addition:
(a) the party shall explain the
reason for the request; and
(b) the
division must receive the party's request no later than 30 days from the date
on the decision or order of default issued under Subsection
(1).
(5) The division
shall treat a party's request for reopening received by the division more than
30 days after the date on the decision or order of default issued under
Subsection (1) as an untimely appeal under Section
R982-111-302.
Notes
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