Section Hab 201.05 - Default(a) This section shall apply to all matters before the board, except for hearing attendance, which shall be governed by Hab 202.03. This section shall establish a procedure for addressing noncompliance with board orders or requests.(b) A party who fails to respond to or comply with any board request, order, or rule shall be considered in default.(c) Upon default, the board shall send the party a default order signed by the clerk or deputy clerk.(d) Default orders shall: (1) Specify how the party has defaulted;(2) Order the party to cure the default within a specified period; and(3) Inform the party of the effects of the failure to timely cure the default.(e) A party shall be in final default if a party fails to timely cure the default order and a final default order shall issue. To set aside a final default, a party shall move to strike the final default, stating in the motion the reasons the party failed to comply with the board's original order or rule, along with stating, with specificity, the reason the party failed to timely cure the default once ordered to do so.(f) The board shall only grant the motion to set aside the final default when the party's failure was due to accident, mistake, misfortune, or other good cause.(g) If a party timely complies with a default order, the board without further order shall proceed with the appeal.N.H. Admin. Code § Hab 201.05
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13226, Effective 7/7/2021