Utah Code 63G-4-209. Default
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(1) The presiding officer may enter an order of default against a party if:
Terms Used In Utah Code 63G-4-209
- Adjudicative proceeding: means an agency action or proceeding described in Section
63G-4-102 . See Utah Code 63G-4-103 - Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Presiding officer: means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. See Utah Code 63G-4-103
- Respondent: means a person against whom an adjudicative proceeding is initiated, whether by an agency or any other person. See Utah Code 63G-4-103
(1)(a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding;
(1)(b) a party to a formal adjudicative proceeding fails to attend or participate in a properly scheduled hearing after receiving proper notice; or
(1)(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)
(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.
(3)(b) A motion to set aside a default and any subsequent order shall be made to the presiding officer.
(3)(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.
(4)
(4)(a) In an adjudicative proceeding begun by the agency, or in an adjudicative proceeding begun by a party that has other parties besides the party in default, the presiding officer shall, after issuing the order of default, conduct any further proceedings necessary to complete the adjudicative proceeding without the participation of the party in default and shall determine all issues in the adjudicative proceeding, including those affecting the defaulting party.
(4)(b) In an adjudicative proceeding that has no parties other than the agency and the party in default, the presiding officer shall, after issuing the order of default, dismiss the proceeding.