1. (1) Any party who fails to participate personally or by their authorized representative may request that the default order or dismissal be set aside and a hearing be scheduled. If a party failed to participate in a hearing but no decision has yet been issued, the party may request that the hearing be reopened.

2. (2) The request to set aside a default order or dismissal must:

   1. (a) be in writing;
   2. (b) set forth the reason for the request; and
   3. (c) be mailed, faxed, or delivered to the ALJ or presiding officer who issued the default order or dismissal within ten days of the issuance of the default order or dismissal.
3. (3) If the request is made after the expiration of the ten-day time limit, the party requesting reopening must show good cause for not making the request within ten days.
4. (4) The ALJ has discretion to schedule a hearing to determine if a party requesting a default order or dismissal be set aside or a reopening has satisfied the requirements of this rule or may grant or deny the request on the basis of the record in the case.
5. (5) If a presiding officer issued the default order or dismissal, they shall forward the request to set aside the default order or dismissal to the Adjudication Division. The request will be assigned to an ALJ to determine if the requesting party has satisfied the requirements of this rule.
6. (6) The ALJ may, on their own motion, reschedule, continue, or reopen a case if it appears necessary to take continuing jurisdiction based on a mistake as to facts or if the denial of a hearing would be an affront to fairness. An ALJ may also, on their own motion, set aside a default order or dismissal on the same grounds.
7. (7) If a request to set aside the default order or dismissal or a request for reopening is not granted, the ALJ will issue a decision denying the request to reopen. A copy of the decision will be given or mailed to each party, with a clear statement of the right of appeal or judicial review.
8. (8) A party in default may appeal a denial of a request to set aside a default order or dismissal by following the procedure in Section R993-100-114. The appeal can only contest the denial of the request to set aside the default order or dismissal and not the underlying merits of the case.
9. (9) If the default order or dismissal is set aside on appeal, the Executive Director or designee may rule on the merits or remand the case to an ALJ for a ruling on the merits and an additional hearing if necessary.

KEY: administrative procedures, complaint procedures

Date of Last Change: October 18, 2022

Notice of Continuation: September 16, 2021

Authorizing, and Implemented or Interpreted Law: 35A-1-303; 35A-13-102; 35A-1-104