(a) If a respondent fails to timely respond or file a defense to a probable cause report or pleadings in an administrative hearing, the Director of Enforcement may pursue a default order.
(1) The Director of Enforcement shall serve the respondent with notice and a copy of the proposed default order, which must include a summary of facts and evidence and the conclusions of law, at least 15 calendar days before the proposed order is heard by the members of the Commission.
(2) The Director of Enforcement shall serve a copy of the proposed default order on the members of the Commission at least six calendar days before the proposed order is heard.
(b) The respondent may file a written response to the proposed default order at least three calendar days before the proposed order is heard.
(c) If a quorum of the Commission approves the default order, the Director of Enforcement shall make a reasonable effort to serve the respondent with notice and a copy of the signed order within seven calendar days of the date the default order is signed.
(d) The respondent may file a written motion requesting that a default order be vacated and stating the reasons relief should be granted. The motion must be filed with the Executive Director within 15 calendar days after the default order is signed.
(1) On a showing of good cause, the members of the Commission, in their discretion, may vacate the default order and either grant an administrative hearing or approve a stipulated order.
(2) A motion to vacate a default order is the only administrative remedy available to a respondent after entry of a default order.
SECTION HISTORY
Added by Ord. No. 182,907, Eff. 4-2-14.
Amended by: Ord. No. 185,034, Eff. 8-14-17.