Defaults – Unopposed Cases

(1) Failure of a party to attend or participate in a pre-hearing conference, hearing, or other stage of a contested case proceeding, after due notice thereof, shall be cause for finding such party in default, under T.C.A. § 4-5-309. Failure to comply with an order of the Commission or a Hearing Officer may be deemed a failure to participate in a contested case and, therefore, be cause for finding a party in default. (2) (a) Upon entry into the record of the petitioner’s default at a contested case proceeding, the petition shall be dismissed. CONTESTED CASES CHAPTER 1220-01-02 (b) Upon entry into the record of a respondent’s default at a contested case proceeding, the matter shall be considered unopposed relative to such respondent. (3) Where the case is unopposed, the petitioner has the burden of making a prima facie case, which may be done based on written filings. The Commission or Hearing Officer may require additional proof to ensure compliance with statutory requirements.