1. (a) The commission shall issue a default order against any party to whom a notice of hearing has been served if the party:

   1. (1) Fails to appear for hearing; and

   2. (2) Fails to:

      1. a. Notify the commission of non-appearance before the scheduled time of the public adjudicative hearing; and
      2. b. Request a continuance and rescheduling in accordance with Hum 305.
2. (b) A party against whom a default order has been entered may request by a motion complying with Hum 310.01 that the default order be set aside.
3. (c) An objection to a motion for a default order to be set aside shall be governed by Hum 310.02.

4. (d) A motion to set aside a default order shall be granted when the proponent of the motion was prevented from appearing by:

   1. (1) Serious illness of the proponent or a member of the proponent's immediate family; or
   2. (2) The death of a member of the proponent's immediate family.

Source. (See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07