HAR §13-1-66. Default

(a) When a respondent fails to answer a violation notice within twenty-one days of the violation notice or such further period granted by the administrator, or fails to attend a board hearing or a contested case hearing after proper service of notice, or otherwise fails to defend against a citation of civil resource violation, the respondent shall be deemed to have waived the right to contest 1-47 the violation notice, and the board or a hearing officer shall enter the respondent’s default, and may (1) Enter a finding of a violation; (2) Impose any sanctions for the violation not to exceed those that have been assessed in the violation notice; and (3) Enter a decision by default, which shall be final. (b) For good cause shown, the board or a hearing officer may set aside an entry of default or a default decision. [Eff and comp 2/27/09] (Auth: HRS §199D-1) (Imp: HRS §199D-1)