R986-100-130. Default Order for Failure to Participate

(1)(a) Except in cases of a SNAP IPV as stated in Section R986-100-136, if a person assessed an overpayment or other sanction fails to participate in the administrative process, the Department shall issue a default order confirming the overpayment and any other sanction and shall move to collect any overpayment by any legal means. (b) Participation means: (i) signing and returning to the Department an approved stipulation for repayment and making each payment as agreed; (ii) requesting and participating in a hearing; or (iii) paying the overpayment in full. (2)(a) If a hearing has been scheduled at the request of an interested person and the interested person fails to appear at or participate in the hearing, either personally or through a representative, the ALJ will, unless a continuance or rescheduling has been requested, issue a default order dismissing the request. (b) A default order has the effect of upholding the initial Department decision. (3) A default order will be based on the record and best evidence available at the time of the order.