Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.21 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Failure
			 to appear.
If a party fails to appear or participate in a contested
			 case proceeding after proper service of notice, the presiding officer may 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)
Procedure.
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 14 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
			 351-11.26 (17A,68B).
			 A motion to vacate must state all facts relied upon by the moving party that
			 establish 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.
(4)
Time.
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)
Motion to vacate.
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. If
			 a request to do so is filed in a response, 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.
(6)
Good cause.
"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
			 1.977.
(7)
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
			 351-11.24
			 (17A,68B).
(8)
Hearing
			 reopened.
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 granted.
A
			 default decision may award any relief consistent with the request for relief
			 made in the petition and embraced in its issues but, imless the defaulting
			 party has appeared, it cannot exceed the relief demanded.
(10)
Timing of stay.
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.