R993-100-112. What Constitutes Grounds to Set Aside a Default or Dismissal

  (1) A request to reopen or set aside for failure to participate:

  (a) will be granted if the party was prevented from participating and/or appearing at the hearing due to circumstances beyond the party's control;

  (b) may be granted upon such terms as are just for any of the following reasons: mistake, inadvertence, surprise, excusable neglect or any other reason justifying relief from the operation of the decision. The determination of what sorts of neglect will be considered excusable is an equitable one, taking into account all of the relevant circumstances including:

  (i) the danger that the party not requesting reopening will be harmed by reopening,

  (ii) the length of the delay caused by the party's failure to participate including the length of time to request reopening,

  (iii) the reason for the request including whether it was within the reasonable control of the party requesting reopening,

  (iv) whether the party requesting reopening acted in good faith, and

  (v) whether the party was represented by another at the time of the hearing. Because they are required to know and understand Department rules, attorneys and professional representatives are held to a higher standard, and

  (vi) whether based on the evidence of record and the parties' arguments or statements, setting aside the default and taking additional evidence might affect the outcome of the case.

  (2) Requests to reopen or set aside are remedial in nature and thus must be liberally construed in favor of providing parties with an opportunity to be heard and present their case. Any doubt must be resolved in favor of granting reopening.