Okla. Admin. Code § 600:15-1-12

Current through Vol. 42, No. 4, November 1, 2024

Section 600:15-1-12 - Failure to appear

If either the Respondent or the Board fails or refuses to appear without good cause, the Panel may, if no continuance is granted, either enter a default decision or proceed with the formal hearing and determine the matter in the absence of the party.

(1) Default decision.

(A) Any party may move for default against a party who has failed to appear after proper service.

(B) As a consequence of the default, the allegations against a non-appearing Respondent may be deemed admitted and an appropriate sanction recommended, within the Panel's discretion. If the non-appearing Party is the Board, the Panel may recommend that the complaint be dismissed with prejudice.

(C) A motion to vacate a default decision may be filed with the Board along with or in lieu of a request for oral argument before the Board within the time period specified for requests for oral argument in Board Rule 600:15-1-17.

(D) Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof is on the moving party.

(E) "Good cause" for the purpose of this rule means lack of notice in accordance with the Administrative Procedures Act, the Oklahoma Certified Real Estate Appraisers Act, or the rules promulgated pursuant thereto, excusable neglect or unavoidable casualty.

(F) A decision by the Board denying a motion to vacate and the Board's ground(s) therefor shall be included with its final order on the merits issued in accordance with 600:15-1-17 and is subject to review in accordance with the Administrative Procedures Act and Oklahoma Certified Real Estate Appraisers Act and the rules promulgated pursuant thereto.

(2) If the Panel decides to proceed with the formal hearing in the absence of any party, the Panel will make its decision based upon presentation and consideration of evidence and argument on all issues involved, and its recommendation shall not be considered a default decision.

(3) In lieu of personally appearing, a Respondent, unless issued a subpoena to appear at the hearing, may submit a written statement, subject to the following requirements:

(A) The statement must be filed in the administrative office of the Board at least (7) days prior to the hearing date;

(B) The statement must be notarized;

(C) The Respondent must acknowledge in the statement that Respondent received notice of the hearing and, that by not personally appearing, the Respondent is waiving the right to cross-examine witnesses, rehabilitate his or her statement, or present further evidence on his or her own behalf.

Okla. Admin. Code § 600:15-1-12

Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 10 Ok Reg 1545, eff 5-1-93; Amended at 12 Ok Reg 1811, eff 7-1-95; Amended at 19 Ok Reg 1493, eff 7-14-02; Amended at 25 Ok Reg 1433, eff 7-11-08