Section 2614.27 - Default Proceedings(a) If a respondent fails to appear at the hearing, the administrative law judge or hearing officer may take action based upon the respondent's express admissions or upon other evidence and affidavits may be used as evidence without any notice to respondent.(b) Notwithstanding the default of the respondent, the administrative law judge or hearing officer, before a proposed decision is issued, has the discretion to grant a hearing on reasonable notice to the parties. The administrative law judge or hearing officer may order the respondent, or the respondent's attorney or other authorized representative, or both, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of the respondent's failure to appear at the hearing.(c) Within seven days after service on the respondent of a decision based on the respondent's default, the respondent may serve a written motion requesting that the decision be vacated and stating the grounds relied on. The administrative law judge or hearing officer may vacate the decision and grant a hearing on a showing of good cause. As used in this subdivision, good cause includes, but is not limited to, any of the following: mistake, inadvertence, surprise, or excusable neglect.Cal. Code Regs. Tit. 10, § 2614.27
1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51). Note: Authority cited: Section 11400.20, Government Code. Reference: Sections 1858, 1858.01, 1858.1 and 1858.2, Insurance Code.
1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).