<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".23" citation="COMAR 28.02.01.23" title_num="28" subtitle_num="02" chapter_num="01" heading="Failure to Attend or Participate in a Hearing, Conference, or Other Proceeding; Default.">
  <paragraph num="A.">
    <text>If, after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference, hearing, or other stage of a proceeding, the ALJ may proceed in that party’s absence or may, in accordance with the hearing authority delegated by the agency, issue a final or proposed default order against the defaulting party.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference hearing, or other stage of proceeding, the ALJ may issue a default order against the party that bears the burden of proof.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Final Default Orders.</text>
    <paragraph num="(1)">
      <text>Unless otherwise provided by law, a party may move to vacate a final order of default within 30 days after the date of the order. The motion shall state the reasons for the failure to attend or participate in the proceeding.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If an ALJ finds that there is good cause for a party’s failure to attend or participate in the proceeding, the ALJ shall vacate the order and set the case in for further proceedings as appropriate.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a motion is not filed under §C(1) of this regulation, or is filed and denied, the final default order is effective.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Proposed Default Orders. A proposed default order is reviewable in accordance with the delegating agency's regulations governing review of proposed decisions.</text>
  </paragraph>
</regulation>