[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR20.310]



[Page 77]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                     Subpart C_Pleadings and Motions

 

Sec. 20.310  Default by respondent.



    (a) The ALJ may find a respondent in default upon failure to file a 

timely answer to the complaint or, after motion, upon failure to appear 

at a conference or hearing without good cause shown.

    (b) Each motion for default must conform to the rules of form, 

service, and filing of this subpart. Each motion must include a proposed 

decision and proof of service under section 20.304(d). The respondent 

alleged to be in default shall file a reply to the motion 20 days or 

less after service of the motion.

    (c) Default by respondent constitutes, for purposes of the pending 

action only, an admission of all facts alleged in the complaint and a 

waiver of her or his right to a hearing on those facts.

    (d) Upon finding a respondent in default, the ALJ shall issue a 

decision against her or him.

    (e) For good cause shown, the ALJ may set aside a finding of 

default.