Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division V - Contested Cases › Rule 875-1.85 - 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 (a) 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 (b) an appeal of a decision on the merits is
				timely initiated within the time provided by rule
				875-1.91 (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. The 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 Rule 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 875-1.88 (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. If the defaulting party has appeared, the
				default decision 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 875-1.93(17A).