R277-211-7. Default Procedures

  (1) If a respondent does not respond to a complaint within 30 days from the date the complaint is served, the Executive Secretary may issue an order of default against the respondent consistent with the following:

  (a) the Executive Secretary shall prepare and serve on the respondent an order of default including:

  (i) a statement of the grounds for default; and

  (ii) a recommended disposition if the respondent fails to file a response to a complaint;

  (b) ten days following service of the order of default, a UPPAC attorney shall attempt to contact respondent by telephone or electronically;

  (c) UPPAC shall maintain documentation of attempts toward written, telephonic, or electronic contact;

  (d) the respondent has 20 days following service of the order of default to respond to UPPAC; and

  (e) if UPPAC receives a response from respondent to a default order before the end of the 20 day default period, UPPAC shall allow respondent a final ten day period to respond to a complaint.

  (2) Except as provided in Subsection (3), if an order of default is issued, the Executive Secretary shall make a recommendation to the Board for discipline in accordance with Rule R277-215.

  (3) If an order of default is issued, the Executive Secretary shall make a recommendation to the Board for a revocation of the educator's license if the alleged misconduct is conduct identified in Subsection 53E-6-604(5)(b).