Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 26 - Appeals and Contested Cases-proceedings › Rule 495-26.23 - 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 imless, 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 26.27(17A,97B). 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 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 Rules of Civil Procedure 1.977.
(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 26.26(17A,97B).
(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 26.30(17A,97B).