SECTION 150:1-11-8. Default orders

(a)   If a party fails to attend or participate in a pre-hearing conference, hearing, or other stage of an adjudicative proceeding, the hearing examiner may service upon all parties written notice of a proposed default order, including a statement of the grounds.

(b)   Within seven (7) days after service of a proposed default order, the party against whom it was issued may file a written motion requesting that the proposed default order be vacated, stating the grounds relied upon. During the time within which a party may file a written motion under this subsection, the hearing examiner may adjourn the proceedings or conduct them without the participation of the party against whom a proposed default order was issued, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

(c)   The hearing examiner shall either issue or vacate the default order promptly after expiration of the time within which the party may file a written motion.

(d)   After issuing a default order, the hearing examiner shall conduct any further proceedings necessary to complete the adjudication without the participation of the party in default and shall determine all issues in the adjudication, including those affecting the defaulting party.