Default And Uncontested Proceedings

(1) Default. (a) The failure or refusal of a party (1) to timely appear at a hearing on the merits after due notice thereof, or (2) at the hearing to comply with any lawful order of the Commissioner, Hearing Officer, or Administrative Law Judge, necessary to maintain the orderly conduct of the hearing, is cause for holding such party to be in default and said order of default may thereupon be entered in the record. (b) The Commissioner shall serve upon all parties written notice of entry of default for failure to appear and the defaulting party, no later than five days after such service of notice, may file a motion requesting that his default be set aside for good cause shown and stating the grounds relied upon. The Commissioner shall make such orders in regard to such motion as he in his absolute discretion may deem appropriate. (2) Effect of Entry of Default. (a) Upon entry into the record of the default of the Complainant, the notice shall be denied. (b) Upon entry into the record of the default of the Respondent, the matter shall be tried as uncontested as to such Respondent. (3) Uncontested Proceeding. When the matter is tried as uncontested, the Complainant has the burden of proof of affirmative allegations sufficient to state a prima facie case. The Commissioner may accept any other relevant evidence which he may deem desirable.