2109. FAILURE TO APPEAR

2109 FAILURE TO APPEAR 2109.1 Where a respondent or appellant fails to appear for a scheduled hearing, the hearing examiner may enter a default, provided however, that the Department shall be required to proffer sufficient evidence to meet its burden of proof. 2109.2 Where, following default, the Department proffers sufficient evidence to meet its burden of proof, the hearing examiner shall issue a default judgment, which shall constitute the hearing examiner’s final decision in the matter. 2109.3 A respondent or appellant may file a motion to set aside a default judgment within ten (10) days following the default judgment. If a respondent fails to file a motion to set aside a default judgment, the default judgment will become final. The hearing examiner may grant the motion for good cause shown. SOURCE: Final Rulemaking published at 64 DCR 7895 (August 11, 2017). District of Columbia Municipal Regulations Taxicabs and Public Vehicles for Hire 31 DCMR § 2109