(1) Notice of Consequences for Failure to Answer or Participate. If a respondent fails to answer a complaint or otherwise fails to participate in the investigation, the Commission may serve upon respondent a notice of consequences. The notice of consequences shall list available sanctions for failing to answer or participate, which include, but are not limited to:

1. (a) The issuance of a probable cause determination in accordance with the allegations of the complaint; and
2. (b) A waiver of respondent's right to pursue reconsideration of the probable cause determination pursuant to 804 CMR 1.08(4)(a).

(3) Order and Entry of Investigative Default.

1. (a) If respondent fails to respond to the notice of consequences as required by 804 CMR 1.07(2), the Commission may issue an order and entry of investigative default, imposing one or more of the sanctions available under 804 CMR 1.07(1) and 804 CMR 1.22.

2. (b) After the imposition of sanctions, the Commission may take the following additional actions:

   1. 1. Order that a matter be processed pursuant to 804 CMR 1.19;
   2. 2. Seek relief in the Superior Court for a violation of M.G.L. c. 151B, § 8, pursuant to M.G.L. c. 214, § 3(12) or (13); and
   3. 3. Any other relief against the defaulting party or its representative as is necessary and appropriate to enforce the provisions of M.G.L. c. 151B, § 5.