R428-5-5. Default and Reconsideration

  (1) The presiding officer may enter an order of default against a party if:

  (a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceedings;

  (b) a party to a formal adjudicative proceeding fails to attend or participate in a properly scheduled hearing after receiving proper notice; or

  (c) a respondent in a formal adjudicative proceeding fails to file a response within the time frame specified in Subsection R428-5-4(3).

  (d) The order of default shall include a statement of the grounds for default and shall be mailed (electronic or paper) to all parties.

  (e) A defaulted party may seek to have the committee set aside the default order and any order in the adjudicative proceeding issued subsequent to the default order, by following the procedures outlined in the Utah Rules of Civil Procedure. A motion to set aside a default and any subsequent order shall be made to the presiding officer.

  (f) In an adjudicative proceeding begun by the agency, or in an adjudicative proceeding that has other parties besides the party in default, the presiding officer shall, after issuing the order of default, conduct any further proceedings necessary to complete the adjudicative proceeding without the participation of the party in default and shall determine all issues in the adjudicative proceeding, including those affecting the defaulting party.

  (g) In an adjudicative proceeding that has no parties other than the committee and the party in default, the presiding officer shall, after issuing the order of default, dismiss the proceeding.

  (2) Any party may file a written request for reconsideration with the committee stating the specific grounds upon which relief is requested. The request must be filed within 20 days after:

  (a) the date that an Order of Review is issued in an informal adjudicative proceeding; or

  (b) the date that a request for review is denied; or

  (c) the date that a final order is issued in a formal adjudicative proceeding.

  (d) The request for reconsideration shall be filed with the committee and one copy shall be sent by mail (electronic or paper) to each party by the person making the request.

  (e) The committee may issue a written order granting or denying the request within 30 working days of filing of the request.

  (f) If the committee does not issue an order granting or denying the request within 30 working days after the request is filed, the request for reconsideration shall be considered denied.