Section 60075.38 - Default Order(a) A party to a case that has been assigned for hearing pursuant to section 60075.17(i) may be found to be in default upon failure to appear at a scheduled hearing without good cause.(1) No finding of default shall be made against the citee unless the staff of the state board presents sufficient evidence to establish a prima facie showing that the citation was properly issued and the penalty appropriate.(2) Default by the citing party shall result in dismissal of the citation with prejudice.(b) If a default against a citee occurs, the state board, within 10 days, shall present written evidence supported by affidavits or declarations, substantiating the proposed penalty set forth in the complaint.(c) If the hearing officer determines that a default has occurred, he or she shall issue a default order against the defaulting party. This order shall constitute a decision or order after hearing for purposes of section 60075.40 of these rules.(d) Any proceeding may be reinstated by the hearing officer upon a showing of good cause that contains sufficient facts to show or establish a reasonable basis for the failure to appear at the hearing. The defaulting party shall make the request for reinstatement within 10 days of service of the default order pursuant to section 60075.38(d) of these rules.Cal. Code Regs. Tit. 17, § 60075.38
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former subarticle 7 to subarticle 10, renumbering of former section 60075.38 to section 60075.40 and renumbering and amendment of former section 60075.37 to section 60075.38 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of section and NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36). Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former subarticle 7 to subarticle 10, renumbering of former section 60075.38 to section 60075.40 and renumbering and amendment of former section 60075.37 to section 60075.38 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).