Current through Register Vol. XLI, No. 50, December 13, 2024
Section 156-1-7 - Claims for Relief by Default7.1. A grievant seeking to prevail by default must file with the chief administrator a written notice of intent to proceed to the next level or to enforce the default within ten days of the default. If the chief administrator objects to the default, the chief administrator may file a request for a hearing with the Board within five days. On receipt of the chief administrator's objection, the Board will set the matter for hearing. The issues to be decided may include whether a default has occurred, whether the employer has a statutory excuse for not responding within the time required by law, and whether the relief sought is contrary to law or contrary to proper and available remedies. The default proceeding is usually bifurcated into two hearings. Once a grievant files a written claim for relief by default with the Board, or the chief administrator files an objection, all proceedings at the lower levels are automatically stayed until all default matters have been ruled on unless all parties agree in writing that lower level proceedings can go forward. Mediation services shall continue to be available while default matters are pending.