Iowa Administrative Code › Agency 185 - Alcoholic Beverages Division › Chapter 10 - Contested Cases › Rule 185-10.22 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Default.
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)
Motion for default.
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)
Motion to
			 vacate.
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 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 185-10.27 (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)
Appeal.
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)
Good cause showing.
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 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 defined.
"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
			 1.971.
(7)
Interlocutory
			 appeal.
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
			 185-10.25 (17A).
(8)
Resumption of hearing.
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)
Relief.
A default
			 decision may award any relief consistent with the request for relief made in
			 the petition and embraced in its issues.
(10)
Effect of decision.
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
			 185-10.29 (17A).