R277-211-8. Default Procedures

(1) If a respondent does not respond to a complaint within 30 days from the date the complaint is served, the Executive Secretary may issue an order of default against the respondent consistent with the following: (a) the Executive Secretary shall prepare and serve on the respondent an order of default including: (i) a statement of the grounds for default; and (ii) a recommended disposition if the respondent fails to file a response to a complaint; (b) ten days following service of the order of default, a UPPAC attorney shall attempt to contact respondent or respondent's attorney by telephone or electronically unless the respondent is incarcerated and unrepresented; (c) UPPAC shall maintain documentation of attempts toward written, telephonic, or electronic contact; (d) the respondent has 20 days following service of the order of default to respond to UPPAC; and (e) if UPPAC receives a response from respondent to a default order before the end of the 20 day default period, UPPAC shall allow respondent a final ten day period to respond to a complaint. (2) The Executive Secretary shall make a recommendation to the Board for discipline consistent with the evidence and Rule R277-215. (3) If an educator's default results in a suspension, the order of default shall include conditions the educator must meet before requesting a reinstatement hearing.