Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 7 - Contested Cases › Rule 11-7.22 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
				fails to appear 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 make 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 department action unless, within 15 days (unless
				another period of time is specifically required 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 7.27(8A,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 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 7.25(8A,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 7.29(8A,17A).