6 Del. Admin. Code § 200-B-252

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-B-252 - Final Decision Upon Default; Motion To Set Aside Default

(a) The Presiding Officer may issue an order deeming a party to be in default and determining the proceeding against that party upon consideration of the record, including the complaint, the allegations of which may be deemed to be true, without the requirement of findings of fact and law, if that party fails:

(1) to appear, in person or through a representative, at a hearing or conference of which that party has been notified;

(2) to answer, to respond to a dispositive motion within the time provided, or otherwise to defend the proceeding; or

(3) to cure a deficient filing within the time specified by the Presiding Officer.

(b) A motion to set aside a default may be filed with the Director within a reasonable time and shall state the reasons for the failure to appear or defend, and shall specify the nature of the proposed defense in the proceeding. In order to prevent injustice and on such conditions as may be appropriate, the Director may for good cause shown set aside a default.

6 Del. Admin. Code § 200-B-252

13 DE Reg. 667 (11/01/09)
18 DE Reg. 394 (11/1/2014) (Final)