R277-212-15. Default

  (1)(a) The Executive Secretary shall prepare an order of default if:

  (i) the respondent fails to file an answer as described in Subsection R277-211-5(4);

  (ii) the respondent fails to attend or participate in a properly scheduled hearing after receiving proper notice; or

  (iii) the hearing officer recommends default as a sanction as a result of misconduct by the respondent or the respondent's representative during the course of the hearing process.

  (b) The hearing officer may determine that the respondent has failed to attend a properly scheduled hearing if the respondent has not appeared within 30 minutes of the appointed time for the hearing to begin, unless the respondent shows good cause for failing to appear in a timely manner.

  (2) The recommendation of default may be executed by the Executive Secretary following all applicable time periods, without further action by UPPAC.

  (3) Except as provided in Subsection (4), the Executive Secretary shall make a recommendation to the Board for discipline in accordance with Rule R277-215.

  (4) An order of default shall result in an Executive Secretary recommendation to the Board for a revocation if the alleged misconduct is conduct identified in Subsection 53E-6-604(5)(b).