R986-100-130. Default Order for Failure to Participate

  (1) Except in cases of SNAP IPVs as stated in R986-100-136, if a person assessed an overpayment or other sanction fails to participate in the administrative process, the Department shall issue a default order confirming the overpayment and any other sanctions and shall move to collect any overpayment by all legal means. Participation means:

  (a) signing and returning to the Department an approved stipulation for repayment and making all of the payments as agreed,

  (b) requesting and participating in a hearing, or

  (c) paying the overpayment in full.

  (2) If a hearing has been scheduled at the request of an interested person and the interested person fails to appear at or participate in the hearing, either personally or through a representative, the ALJ will, unless a continuance or rescheduling has been requested, issue a default order dismissing the request for a fair hearing. A default order has the effect of upholding the initial Department decision.

  (3) A default order will be based on the record and best evidence available at the time of the order.