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16 U.S.C. 1801 et seq., 16 U.S.C. 1531 et seq., 16 U.S.C. 1361 et seq., 16 U.S.C. 3371 et seq., 16 U.S.C. 1431 et seq., 16 U.S.C. 6901 et seq., 16 U.S.C. 773 et seq., 16 U.S.C. 951 et seq., 16 U.S.C. 5001 et seq., 16 U.S.C. 3631 et seq., 42 U.S.C. 9101 et seq., 30 U.S.C. 1401 et seq., 16 U.S.C. 971 et seq., 16 U.S.C. 781 et seq., 16 U.S.C. 2431 et seq., 16 U.S.C. 972 et seq., 16 U.S.C. 916 et seq., 16 U.S.C. 1151 et seq., 16 U.S.C. 3601 et seq., 16 U.S.C. 1851 note; 15 U.S.C. 330 et seq., 16 U.S.C. 2461 et seq., 16 U.S.C. 5101 et seq., 16 U.S.C. 1371 et seq., 16 U.S.C. 3601 et seq., 16 U.S.C. 1822 note, 16 U.S.C. 4001 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 5601 et seq., 16 U.S.C. 973 et seq., 16 U.S.C. 1827a, 16 U.S.C. 7701 et seq., 16 U.S.C. 7801 et seq., 16 U.S.C. 1826g, 51 U.S.C. 60101 et seq., 16 U.S.C. 7001 et seq., 16 U.S.C. 7401 et seq., 16 U.S.C. 2401 et seq., 16 U.S.C. 1826k note, 1857 note, 22 U.S.C. 1980, Pub. L. 116-340, 134 Stat. 5128.
71 FR 12448, Mar. 10, 2006, unless otherwise noted.
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(a) If, after proper service of notice, any party appears at the hearing and an opposing party fails to appear, the Judge is authorized to:
(1) Dismiss the case with prejudice, where the Agency is a non-appearing party; or
(2) Where the respondents have failed to appear, find the facts as alleged in the NOVA, NOPS and/or NIDP and enter a default judgment against the respondents.
(b) Following an order of default judgment, a non-appearing party may file a petition for reconsideration, in accordance with § 904.272. Only petitions citing reasons for non-appearance, as opposed to arguing the merits of the case, will be considered.
(c) The Judge will place in the record all the facts concerning the issuance and service of the notice of time and place of hearing.
(d) The Judge may deem a failure of a party to appear after proper notice a waiver of any right to a hearing and consent to the making of a decision on the record.
(e) Failure to appear at a hearing shall not be deemed to be a waiver of the right to be served with a copy of the Judge's decision.