| (a) The Securities Commissioner may make an informal
disposition of the contested case by default by issuing an order in
which the relief requested in the notice of hearing is granted and
the matters set forth in the notice are deemed admitted as true upon
proof to the Commissioner that the notice was mailed to or personally
served on a respondent in accordance with §105.6 of this title
(relating to Service) and that such respondent has failed to:
(1) file a written response as provided in §105.7
of this title (relating to Written Response to Notice of Hearing);
or
(2) appear in person or through an authorized representative
on the day and at the time set for the hearing of the case, whether
or not a written response has been filed.
(b) Upon the motion of a respondent, the Commissioner
may, for good cause shown, set aside a default order and reschedule
a hearing with SOAH.
(1) A motion by a respondent to set aside a default
order shall be filed with the Commissioner not later than the 20th
day after the date on which the respondent or the respondent's attorney
of record is notified of the default order in the manner prescribed
by the APA.
(2) A reply by the Staff to the motion by a respondent
to set aside a default order must be filed with the Commissioner not
later than the 30th day after the date on which the respondent or
the respondent's attorney of record is notified of the default order
in the manner prescribed by the APA.
(3) The Commissioner shall act on a motion for rehearing
not later than the 45th day after the date on which the respondent
or the respondent's attorney of record is notified of the default
order in the manner prescribed by the APA or the motion for rehearing
is overruled by operation of law.
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