UTAH CODE (Last Updated: January 16, 2015) |
Title 63G. General Government |
Chapter 4. Administrative Procedures Act |
Part 2. Adjudicative Proceedings |
§ 63G-4-209. Default.
Latest version.
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(1) The presiding officer may enter an order of default against a party if: (a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding; (b) a party to a formal adjudicative proceeding fails to attend or participate in a properly scheduled hearing after receiving proper notice; or (c) a respondent in a formal adjudicative proceeding fails to file a response under Section 63G-4-204. (2) An order of default shall include a statement of the grounds for default and shall be mailed to all parties. (3) (a) A defaulted party may seek to have the agency set aside the default order, and any order in the adjudicative proceeding issued subsequent to the default order, by following the procedures outlined in the Utah Rules of Civil Procedure. (b) A motion to set aside a default and any subsequent order shall be made to the presiding officer. (c) A defaulted party may seek agency review under Section 63G-4-301, or reconsideration under Section 63G-4-302, only on the decision of the presiding officer on the motion to set aside the default.
Renumbered and Amended by Chapter 382, 2008 General Session