Md. Code Regs. 26.01.02.13

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.01.02.13 - Failure to Attend Proceeding; Default

A. If after receiving proper notice a party fails to timely request a hearing, or to attend or participate in a prehearing conference, hearing, or other stage of an adjudicative proceeding, either the hearing examiner or final decision maker, whichever person is appropriate, may proceed in that party's absence, may rely on affidavits, or may conduct hearings as appropriate. Upon a prima facie showing by the moving party, the final decision maker may issue a final default order against the defaulting party. Following issuance of the final default order, copies shall be mailed by the Office of Hearings to the defaulting party at the party's address where the complaint or other document giving rise to the case was served, or at the party's last known address which shall be stated in the request for a default order, or at both addresses if they differ. The mailing shall include notice of the party's rights under §B, but proof of actual service of the final default order may not be required.

B. Within 15 days after mailing of a final default order, the party may file a written motion requesting that the final default order be vacated or modified, and stating the grounds relied upon.

C. If the hearing examiner or final decision maker finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the default, the hearing examiner or final decision maker may vacate the final default order or issue such other order as justice requires. If the motion is not granted within 15 calendar days it shall be deemed denied.

D. Notwithstanding the other provisions in this regulation, the final decision maker may issue a final default order against a party if that party waived the opportunity to request the hearing.

E. A final default order is a final decision and is reviewable as such.

Md. Code Regs. 26.01.02.13

Regulations .13 adopted effective October 16, 1989 (16:20 Md. R. 2183)