HAR §6-23-40. Default

(a) The presiding officer may find a party to be in default upon motion by a party or at the presiding officer's discretion, on the following grounds: (1) Failure to comply with an administrative order; (2) Failure to appear at a conference or hearing without good cause being shown; or (3) Failure to prosecute the case. (b) When the presiding officer finds that a default has occurred, the presiding officer may issue a default order against the defaulting party. The order shall include findings of fact showing the grounds for the order, conclusions regarding material issues of fact and law, and other terms or conditions, 23-31 as appropriate. Terms or conditions of a default order can include dismissal of the petition. The default order shall constitute a recommended decision pursuant to section 6-23-48 if filed by the hearing officer. The default order shall constitute a proposed decision if filed by the chairperson or other designated member of the board. [Eff and comp 11/26/2009; am and comp APR 1· 1 2022 l {Auth: HRS §§ 88-28, 91-2) {Imp: HRS §§91~2, 91-9, 91-12, 92-16)