Rule 590-4-6-.27 - Default(1) If a party fails to participate in any stage of a proceeding, fails to file any pleading required by the Hearing Officer under the Act or these Rules or any other applicable law or agency rule, or fails to comply with an order or subpoena issued by the Hearing Officer, the Hearing Officer, either on the Hearing Officer's own motion or on the motion of any party, may enter an order resulting in default against the offending party. Any such order shall specify the grounds for the order.(2) Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party's continued participation in the proceeding. In determining whether to enter a default and in considering the appropriate penalty for a default, the Hearing Officer shall give due regard for the interests of justice, the nature of the failure of the party in default, and the need for the orderly and prompt conduct of the proceeding.(3) Within ten (10) days of the entry of a default order, the party against whom it was issued may file a written motion requesting that the order be vacated or modified and stating the grounds for said motion. The Hearing Officer may allow a default to be opened where the failure of the party in default was the result of providential cause or excusable neglect or where the Hearing Officer, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the Hearing Officer.(4) After issuing a default order, the Hearing Officer shall conduct any further proceedings necessary to complete the proceeding without the participation of the party in default, or with such limited participation as determined appropriate under paragraph (2) of this Rule, and shall determine all issues in the proceeding, including those affecting the party in default.(5) If a party fails to attend an evidentiary hearing after having been given written notice thereof, the Hearing Officer may proceed with the hearing in the absence of the party unless the absent party is the party who requested the hearing, in which case, the Hearing Officer may dismiss the action on the motion of any other party or on the Hearing Officer's own motion. Failure of a party to appear at the time set for hearing shall constitute a failure to attend unless excused by the Hearing Officer for good cause.Ga. Comp. R. & Regs. R. 590-4-6-.27
O.C.G.A. Secs. 10-5-10, 10-5-16, 10-5-70, 10-5-71, 10-5-73, 10-5-74, 50-13-13.
Original Rule entitled "Default" adopted. F. adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005. Repealed: New Rule of same title adopted. F. Nov. 18, 2011; eff. Dec. 8, 2011.