1. (a) Failure of the person named in the order to appear for the hearing shall result in a default judgment certifying the person to be an habitual offender if the commissioner determines that:

   1. (1) The convictions contained in the transcript or abstract are valid and are of sufficient numbers to qualify the person as an habitual offender; and
   2. (2) The person named in the order was properly served pursuant to Saf-C 206.01.
2. (b) The commissioner shall not be required to further contact the person provided the evidence clearly indicates s/he was properly served.

3. (c) Defaults shall be recorded as follows:

   1. (1) The effective date of revocation and certification as a habitual offender shall be the date of hearing wherein the respondent failed to appear; and
   2. (2) The notice sent date shall be the date of original service on the respondent.

Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.05); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13