[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR672.10]



[Page 236]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.10  Default order.



    (a) Default. The Presiding Officer may find a party in default (1) 

after motion, upon failure to file a timely answer to the complaint; (2) 

after motion or sua sponte, upon failure to comply with a prehearing or 

hearing order of the Presiding Officer; or (3) 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 a failure to 

appear at a hearing shall be made against the respondent unless the 

complainant presents sufficient evidence to the Presiding Officer to 

establish a prima facie case against the respondent. 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 twenty (20) 

days from service to reply to the motion. Default by respondent 

constitutes, for purposes of the pending action only, an admission of 

all facts alleged in the complaint and a waiver of respondent's right to 

a hearing on such factual allegations. If the complaint is for the 

assessment of a civil penalty, the penalty proposed in the complaint 

shall become due and payable by respondent without further proceedings 

sixty (60) days after a final order issued upon default. If the 

complaint is for the revocation or suspension of a permit, the 

conditions of revocation or suspension proposed in the complaint shall 

become effective without further proceedings on the date designated by 

the Presiding Officer in his final order issued upon default. Default by 

the complainant shall result in the dismissal of the complaint 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. This order shall constitute the initial decision, and 

shall be filed with the Hearing Clerk.

    (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 or discretion, and the penalty 

which is recommended, or the terms and conditions of permit revocation 

or suspension, or other sanctions.

    (d) The Presiding Officer may set aside a default order for good 

cause shown.