|(a) If either party fails, without good cause, to appear
at a scheduled pre-hearing conference or a hearing on the merits,
the administrative law judge may issue a default judgment against
the party that failed to appear.
(b) A party against whom a default judgment is rendered
may, within 10 calendar days of receipt of the default judgment, request
a hearing on the issue of whether good cause existed for failing to
(c) The administrative law judge may make a determination
on the issues of good cause based on a review of the assertions and
evidence submitted with the party's request for a good cause hearing
or may schedule the matter for a hearing if additional testimony and
evidence are deemed necessary for making the good cause finding. If
a hearing is scheduled on the issue of good cause for failure to appear,
the administrative law judge may limit the hearing solely to the issue
of good cause or may combine the hearing with other pre-hearing conference
matters or with the hearing on the merits, at the discretion of the
administrative law judge.
(d) Unless a default judgment for failure to appear
is challenged and reversed, as described in subsections (b) and (c)
of this section, the default judgment is considered the final order
(Final Order) of DFPS and may not be further appealed except as provided
under §705.1531 of this chapter (relating to How is judicial
review requested and what is the deadline?).
(e) If a default judgment rendered against an employee
becomes the Final Order, DFPS will submit the employee's name for
inclusion in the Employee Misconduct Registry in the same manner as
it would following any other Final Order that affirms the finding
of reportable conduct, as provided in this subchapter.
(f) If a default judgment rendered against DFPS becomes
the Final Order, DFPS shall amend its records to reverse the findings
at issue in the EMR hearing and shall issue an amended Notice of Finding
to the employee reflecting that change.