R986-100-132. What Constitutes Grounds to Set Aside a Default Order or Reopen a Hearing

(1) A request to reopen a hearing or set aside a default order for failure to participate will be granted if the party was prevented from participating or appearing at the hearing due to circumstances beyond the party's control. (a) A request may be granted upon such terms as are just for any of the following reasons: mistake, inadvertence, surprise, excusable neglect, or any other reason justifying relief from the operation of the decision. (b) A determination of excusable neglect is an equitable one, taking into account all the relevant circumstances. (2)(a) Requests to reopen or set aside are remedial in nature and shall be liberally construed in favor of providing parties with an opportunity to be heard and present their case. (b) Any doubt shall be resolved in favor of granting reopening.