D.C. Mun. Regs. tit. 31, r. 2109

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 2109 - FAILURE TO APPEAR
2109.1

Where a respondent or appellant fails to appear for a scheduled hearing, the hearing examiner may enter a default, provided however, that the Department shall be required to proffer sufficient evidence to meet its burden of proof.

2109.2

Where, following default, the Department proffers sufficient evidence to meet its burden of proof, the hearing examiner shall issue a default judgment, which shall constitute the hearing examiner's final decision in the matter.

2109.3

A respondent or appellant may file a motion to set aside a default judgment within ten (10) days following the default judgment. If a respondent fails to file a motion to set aside a default judgment, the default judgment will become final. The hearing examiner may grant the motion for good cause shown.

D.C. Mun. Regs. tit. 31, r. 2109

Final Rulemaking published at 64 DCR 7895 (8/11/2017)