Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-26 - Adjudicative Proceedings for a License, Permit, or Certificate of Registration
Section R657-26-7 - Default
Universal Citation: UT Admin Code R 657-26-7
Current through Bulletin 2024-18, September 15, 2024
(1) The presiding officer may enter an order of default against the respondent if the respondent fails to participate, either in writing or in person, in the adjudicative proceeding.
(2) Upon considering the order of default, the presiding officer shall review the investigative file to determine the elements for suspension are satisfied and shall issue and order of default that:
(a) include a
statement of the grounds for default;
(b) makes a finding of all relevant issues
required in Utah Code Section
23-19-9;
and
(c) mail a copy of the order to
all parties.
(i) If the mailed copy is
returned as undeliverable and the division has otherwise made good faith
efforts to deliver the decision and order to the respondent, the presiding
officer shall publish notice of the decision in at least one newspaper or state
publication with general circulation throughout the state.
(3)
(a) A defaulted party may seek to have the
presiding officer set aside the default order, and any order in the
adjudicative proceeding issued subsequent to such default, by following the
procedures outlined in the Utah Rules of Civil Procedure.
(b) A motion to set aside a default order and
any subsequent order shall be made in writing to the presiding
officer.
(c) A defaulted party may
seek Wildlife Board Review under Section
R657-26-8 only on the decision of the presiding officer on the motion to set aside the
default.
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