[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.39]



[Page 291]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

     Subpart B_Hearings Pursuant to the Administrative Procedure Act

 

Sec.  26.39  Default.



    (a) General. The respondent may be found in default, upon motion, 

for failure to file a timely response to the Government's complaint. The 

motion shall include a copy of the complaint and a proposed default 

order, and shall be served upon all parties. The respondent shall have 7 

days from such service to respond to the motion.

    (b) Default order. The ALJ shall issue a decision on the motion 

within 15 days after the expiration of the time for filing a response to 

the default motion. If a default order is issued, it shall constitute 

the final agency action.

    (c) Effect of default. A default shall constitute an admission of 

all facts alleged in the Government's complaint and a waiver of 

respondent's right to a hearing on such allegations. The penalty 

proposed in the complaint shall be set forth in the default order and 

shall be immediately due and payable by respondent without further 

proceedings.