Section 185-110-18 - Default When the Clerk of the Commission or his or her designee has attempted to notify a property owner of a hearing pursuant to Section 15 of these regulations, or when all interested parties have been notified of a hearing, and the property owner does not attend such hearing either in person or by an authorized representative and the property owner fails to obtain a continuance from the Commission prior to the scheduled time of the hearing, the Commission shall grant a judgment of default against the property owner. Such a judgment of default shall be valid once signed by at least one Commissioner, so long as any Commissioner signing the entry of default is present for the call of the docket on the day of the scheduled hearing and that Commissioner has been a witness to the failure of the property owner or someone representing the property owner to appear at the hearing. The docket may be called either by the Clerk of the Commission or by a Commissioner.
(A)Notice of Default Judgment: The Clerk of the Commission or his or her designee shall mail a copy of the default judgment by registered or certified mail to the property owner who is the subject of the default decision at the last current recorded address of the property owner known to the Commission. If the mailed default decision is returned to the Commission marked "refused", "return to sender", "unclaimed', "unable to forward", or any of the above, the Clerk of the Commission or his or her designee shall notify the Department of Transportation or other party that the default judgment has been returned. The Clerk of the Commission or his or her designee may receive information from the Department of Transportation or from any other reliable source deemed reliable by the Clerk pertaining to the most current address of the property owner. The Clerk of the Commission or his or her designee shall mail a second copy of the default judgment to the property owner by regular mail to the most current address known or made available to the Commission.(B)Relief From Default: Upon written request and upon a showing of excusable neglect the Clerk of the Commission may relieve a property owner or other interested party from the default judgment provided that the written request is made within sixty (60) days from the date of the default judgment. The date of the default judgment may be later than the date of the hearing. A written request under this subsection may be submitted to the Commission by letter, by facsimile ("fax"), or by e-mail.18- 185 C.M.R. ch. 110, § 18