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Chapter 4 - Prehearing Procedures

4.9 - Abandonment and Default

(a) Dismissal Based on Abandonment

Parties and their representatives must timely respond to all orders issued by the ALJ and must appear at the time and place set for hearings and prehearing conferences. If a party fails to respond to orders issued by the ALJ or fails to appear at a hearing or prehearing conference without demonstrating good cause for such failure to appear, the ALJ may dismiss that party’s complaint or request for hearing on the grounds that it has been abandoned. If a party fails to appear for a hearing or prehearing conference, the party must show good cause for the failure to appear either:

  • prior to the time for hearing;
  • within 10 days after the time for hearing; or
  • within such other period as the ALJ may allow.

(b) Default

If a respondent fails to timely file an answer to the complaint, or if any party fails to appear at a hearing (without good cause shown), the ALJ may enter a judgment by default against that party.