In the event of the default of any party within the time allowed, provided service has been made as required and after due notice to both parties, the Hearing Officer, if he so desires, may order those parties in attendance to present their evidence. If the Hearing Officer determines that there is no material fact in issue, he need not hold the hearing. In either event, the contest will be brought before the State Engineer for consideration and appropriate action.
037-8 Wyo. Code R. § 8-9