[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.24]

[Page 355-356]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                    Subpart C--Prehearing Procedures
 
Sec. 305.24  Default order.

    (a) Default. A party may be found to be in default: after motion, 
upon failure of the Claims Official to file a timely answer to the 
Request for a Hearing; after motion or sua sponte, upon failure to 
comply with a prehearing or hearing order of the Presiding Officer; or 
after motion or sua sponte, upon failure to appear at a conference or 
hearing without good cause being shown. No finding of default on the 
basis of failure to appear at a hearing shall be made against the Claims 
Official unless the Requestor presents sufficient evidence to the 
Presiding Officer to establish a prima facie case in support of his 
claim. Any motion for a default order shall include a proposed default 
order and shall be served upon all parties. The alleged defaulting party 
shall have 10 days from service to reply to the motion. Default by the 
Claims Official constitutes, for purposes of the pending action only, an 
admission of all facts alleged in the claim and a waiver of his right to 
a hearing on such factual allegations. Default by the Requestor may 
result in the dismissal of the Request for a Hearing with prejudice.
    (b) Procedures upon default. When the Presiding Officer finds a 
default has occurred, he shall issue a default order against the 
defaulting party. The default order shall constitute the final order in 
the proceeding, and shall be filed with the Hearing Clerk.

[[Page 356]]

    (c) Contents of a default order. A default order shall include 
findings of fact showing the grounds for the order; conclusions 
regarding all material issues of law; costs to be assessed pursuant to 
Sec. 305.36, if applicable; and, the amount to be awarded the claimant, 
if any.
    (d) Setting aside a default order. For good cause shown, the 
Presiding Officer may set aside a default order.