Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 10 - Practice and Procedure Before the Department of Public Safety › Rule 661-10.322 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case proceeding after proper
			 service of notice, the presiding officer may, if no adjournment is granted,
			 enter a default decision or proceed with the hearing and render a decision in
			 the absence of the party.
(2) Where
			 appropriate and not contrary to law, any party may move for default against a
			 party who has requested the contested case proceeding and has failed to file a
			 required pleading or has failed to appear after proper service.
(3) Default decisions or decisions rendered
			 on the merits after a party has failed to appear or participate in a contested
			 case proceeding become final agency action unless, within 15 days, or other
			 period of time specified by statute or rule, after the date of notification or
			 mailing of the decision, a motion to vacate is filed and served on all parties
			 or an appeal of a decision on the merits is timely initiated within the time
			 provided by rule 10.327(17A). A motion to vacate must state all facts relied
			 upon by the moving party which establish that good cause existed for that
			 party's failure to appear or participate at the contested case proceeding. Each
			 fact so stated must be substantiated by at least one sworn affidavit of a
			 person with personal knowledge of each such fact, which affidavit(s) must be
			 attached to the motion.
(4) The
			 time for further appeal of a decision for which a timely motion to vacate has
			 been filed is stayed pending a decision on the motion to vacate.
(5) Properly substantiated and timely filed
			 motions to vacate shall be granted only for good cause shown. The burden of
			 proof as to good cause is on the moving party. Adverse parties shall have ten
			 days, or other time specified by the presiding officer, to respond to a motion
			 to vacate. Adverse parties shall be allowed to conduct discovery as to the
			 issue of good cause and to present evidence on the issue prior to a decision on
			 the motion, if a request to do so is included in that party's
			 response.
(6) "Good cause" for
			 purposes of this rule shall have the same meaning as "good cause" for setting
			 aside a default judgment under Iowa Rule of Civil Procedure 236.
(7) A decision denying a motion to vacate is
			 subject to further appeal within the time limit allowed for further appeal of a
			 decision on the merits in the contested case proceeding. A decision granting a
			 motion to vacate is subject to interlocutory appeal by the adverse party
			 pursuant to rule 10.325(17A).
(8)
			 If a motion to vacate is granted and no timely interlocutory appeal has been
			 taken, the presiding officer shall issue another notice of hearing and the
			 contested case shall proceed accordingly.
(9) A default decision may award any relief
			 consistent with the request for relief made in the petition and embraced in its
			 issues but, unless the defaulting party has appeared, it cannot exceed the
			 relief demanded.
(10) A default
			 decision may provide either that the default decision is to be stayed pending a
			 timely motion to vacate or that the default decision is to take effect
			 immediately, subject to a request for stay under rule 10.329(17A).