Section R4-28-1304. Response; Default

A.       A response shall specifically admit, deny, or state that the party does not have, or is unable to obtain, sufficient information to admit or deny each allegation in the complaint. A statement of a lack of information shall have the effect of a denial. Any allega- tion not denied is deemed to be admitted. When a party intends in good faith to deny only a part of an allegation, the party shall admit so much of it as is true and shall deny the remainder.

B.       If the party fails to file a response or after being served notice, fails to appear at a hearing within the time provided by the stat- ute under which the hearing is commenced, the Department may file an Affidavit of Default against the party, and proceed to take action against the party based upon the allegations of the charges. This action may be taken before the hearing date estab- lished in the Notice of Hearing. The party may file a motion to vacate the default and any action taken by the Commissioner within 15 days after receiving a copy of the default and the action or order by the Commissioner. For good cause, the Com- missioner may vacate a default and any action taken and reschedule a hearing.

C.       Every response filed pursuant to this Section shall be signed by the filing party or by at least one attorney, in the attorney’s indi- vidual name, who represents the party, and shall be verified.

Historical Note

Adopted effective May 1, 1980 (Supp. 80-3). Former Section R4-28-36 renumbered without change as Section R4-28-1304 (Supp. 87-1). Amended subsection (D) effective November 27, 1987 (Supp. 87-4). Section R4-

28-1304 amended by final rulemaking at 5 A.A.R. 650,

effective February 3, 1999 (Supp. 99-1).