1. (a) Failure to file a timely Notice of Defense and to serve a copy on the provider or failure to appear at a hearing shall be deemed a default and a waiver of the defaulting party's right to a hearing unless, prior to decision in the matter:

   1. (1) The party shows good cause for the failure.
   2. (2) All parties have stipulated in writing that the failure shall not be deemed a default.

2. (b) The hearing officer may, following a default:

   1. (1) Render a decision based upon the defaulting party's express admissions, or upon other evidence.
   2. (2) Receive affidavits as evidence without notice to the defaulting party.
   3. (3) Render a decision against the defaulting party without receiving evidence or argument if the burden of proof is on the defaulting party.

Note: Authority cited: Sections 14312 and 14454, Welfare and Institutions Code. Reference: Section 14454, Welfare and Institutions Code.

History

1. Amendment of subsection (a) and repealer of subsection (c) filed 9-3-82; effective thirtieth day thereafter (Register 82, No. 36).