Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 4 - Contested Cases › Rule 751-4.22 - 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 commission 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 4.27(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) 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 236.
(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 4.25(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 4.29(17A).