Rule
Rule
860-001-0410
Default upon Failure to Answer Complaint
(1)
If a party fails to answer a complaint or otherwise appear within the time periods specified in OAR 860-001-0400 (Pleadings Requirements), then the party is deemed in default. All material allegations of the complaint are deemed admitted, and the hearing is waived. The proceedings may be disposed of without further notice to the defaulting party.
(2)
A defaulting party may file an application for reconsideration of a Commission order of default under OAR 860-001-0720 (Rehearing or Reconsideration). The Commission may grant the application for reconsideration if the moving party shows the default resulted from mistake, inadvertence, surprise, excusable neglect, or other good cause.
(3)
An application made under this rule must be accompanied by a pleading or motion that contains an assertion of a claim or a defense.
(4)
The filing of an application under this rule does not excuse the defaulted party from complying with the order and the enforcement of the order is neither stayed nor postponed except upon Commission order.