33 CFR §20.310
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The ALJ may find a respondent in default upon failure to file a timely answer to the complaint or, after motion, upon failure to appear at a conference or hearing without good cause shown.
- (b)Each motion for default must conform to the rules of form, service, and filing of this subpart. Each motion must include a proposed decision and proof of service under section 20.304(d). The respondent alleged to be in default shall file a reply to the motion 20 days or less after service of the motion.
- (c)Default by respondent constitutes, for purposes of the pending action only, an admission of all facts alleged in the complaint and a waiver of her or his right to a hearing on those facts.
- (d)Upon finding a respondent in default, the ALJ shall issue a decision against her or him.
- (e)For good cause shown, the ALJ may set aside a finding of default.