Section Rko 203.09 - Conditional Default for Failure to File Answer(a) If a respondent fails to file an answer as required under these rules, the respondent shall be in conditional default.(b) A conditional default for failure to file an answer shall be issued either in response to a motion for conditional default or sua sponte.(c) A respondent wishing to strike a conditional default for failure to answer shall, within 10 days of the date of the order of conditional default, file: (1) An answer that is in conformity with these rules and RSA 91-A:7-b, II; and(2) A motion to strike the conditional default which explains the reasons for the initial failure to answer the complaint.(d) A motion to strike a conditional default for failure to answer shall be granted if: (1) The motion establishes that the failure to answer was the result of accident, mistake, or misfortune, and not: b. An effort to delay the resolution of the case; orc. Pursuant to RSA 91-A:7-b, IV, a purposeful disregard of orders that were issued during the review process; and(2) An answer is submitted which demonstrates that there are: a. Material issues of fact to be resolved, such that the claimant's allegations should not be deemed as admitted; or b. Issues of law which must be addressed in order to properly resolve the case.(e) No hearing shall be held on a motion to strike a conditional default for failure to answer unless the ombudsman concludes that to hold such a hearing would be beneficial to the ombudsman's understanding of the issues raised in the motion or any objection thereto.(f) A respondent's failure to move that a conditional default be stricken under paragraph (c) above shall result in:(1) The factual allegations contained in the complaint being deemed true; and(2) Pursuant to RSA 91-A:7-b,IV and RSA 91-A:8,I, the rebuttable negative inference that the respondent has engaged in a purposeful violation of RSA 91-A.N.H. Admin. Code § Rko 203.09
Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.