Md. Code Regs. 16.02.01.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 16.02.01.08 - Default

A. In General. If, after receiving notice, a party fails to attend or participate in a prehearing conference, a hearing, or any other stage of a proceeding, the Secretary may:

(1) Proceed in that party's absence;

(2) Continue the matter to a later time; or

(3) Issue a default order against that party.

B. Motion to Vacate or Modify Default Order. Within 30 days after issuance of a default order, the party in default may file a written motion requesting that the order be vacated or modified.

C. Grant of Motion. The Secretary may grant the motion and vacate or modify the default order if the Secretary finds that:

(1) There is a substantial and sufficient basis for an actual controversy on the merits; and

(2) It is equitable to excuse the default.

D. Default Order as Final Decision. If a motion is not timely filed or if a motion is filed and denied, the default order is final and effective.

Md. Code Regs. 16.02.01.08