1. (a) If a respondent fails to file an answer as required under these rules, the respondent shall be in conditional default.
2. (b) A conditional default for failure to file an answer shall be issued either in response to a motion for conditional default or sua sponte.

3. (c) A respondent wishing to strike a conditional default for failure to answer shall, within 10 days of the date of the order of conditional default, file:

   1. (1) An answer that is in conformity with these rules and RSA 91-A:7-b, II; and
   2. (2) A motion to strike the conditional default which explains the reasons for the initial failure to answer the complaint.

4. (d) A motion to strike a conditional default for failure to answer shall be granted if:

   1. (1) The motion establishes that the failure to answer was the result of accident, mistake, or misfortune, and not:

      1. a. Neglect;
      2. b. An effort to delay the resolution of the case; or
      3. c. Pursuant to RSA 91-A:7-b, IV, a purposeful disregard of orders that were issued during the review process; and

   2. (2) An answer is submitted which demonstrates that there are:

      1. a. Material issues of fact to be resolved, such that the claimant’s allegations should not be deemed as admitted; or
      2. b. Issues of law which must be addressed in order to properly resolve the case.
5. (e) No hearing shall be held on a motion to strike a conditional default for failure to answer unless the ombudsman concludes that to hold such a hearing would be beneficial to the ombudsman’s understanding of the issues raised in the motion or any objection thereto.

6. (f) A respondent’s failure to move that a conditional default be stricken under paragraph (c) above shall result in:

   1. (1) The factual allegations contained in the complaint being deemed true; and
   2. (2) Pursuant to RSA 91-A:7-b,IV and RSA 91-A:8,I, the rebuttable negative inference that the respondent has engaged in a purposeful violation of RSA 91-A.

Source. #13921, eff 5-20-24