23 CAR § 301-1323. Failure to request or appear at a hearing

(a) When a party fails to request a hearing within the time specified in the cease and desist order or other administrative order, the allegations against the party may be deemed admitted. (b)(1) If a party fails to appear or participate in an administrative adjudication after proper service of notice, the State Securities Department staff may proceed with the hearing and the Securities Commissioner may render a decision in the absence of the party. (2) The allegations against the party may be deemed admitted. (3) Without further proceedings or notice to the party, the commissioner shall issue a final decision. (4) The commissioner may, if deemed necessary, receive evidence from the staff, as part of the record, concerning the appropriateness of the amount of any civil penalty sought in the request.