77-520. Default. (a) If a party fails to attend or participate in a prehearing conference, hearing or other stage of an adjudicative proceeding, the presiding officer may serve upon all parties written notice of a proposed default order, including a statement of the grounds.
(b) Within seven days after service of a proposed default order, the party against whom it was issued may file a written motion requesting that the proposed default order be vacated and stating the grounds relied upon. During the time within which a party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or conduct them without the participation of the party against whom a proposed default order was issued, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings.
(c) The proposed default order shall become effective after expiration of the time within which the party may file a written motion under subsection (b) unless a written motion to vacate the order is filed with the agency within such time. Upon receipt of a motion to vacate a proposed default order, the presiding officer shall either vacate the proposed order or issue the default order as proposed. If the presiding officer issues a default order as proposed, the order shall become effective upon service.
(d) After a default order becomes effective, the presiding officer shall conduct any further proceedings necessary to complete the adjudication without the participation of the party in default and shall determine all issues in the adjudication, including those affecting the defaulting party. The presiding officer in lieu of determining the issues affecting the defaulting party may, unless otherwise prohibited by law, dismiss such party's application for an adjudicative proceeding.
(e) If the presiding officer is the agency head, or has been designated under K.S.A. 77-514, and amendments thereto, to issue a final order, the order shall be deemed a final order. If the presiding officer is not the agency head, and has not been designated to issue a final order under K.S.A. 77-514, and amendments thereto, the order shall be deemed an initial order.
History: L. 1984, ch. 313, § 20; L. 1986, ch. 362, § 6; L. 1988, ch. 356, § 9; L. 1991, ch. 277, § 1; L. 2009, ch. 109, § 9; July 1.
Structure Kansas Statutes
Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure
Article 5 - Administrative Procedure Act
77-503 Application and construction; computing period of time.
77-503a Information not disclosed in public record; when.
77-505 Informal settlements; alternative dispute resolution.
77-506 Conversion of proceedings.
77-508 Hearings, not required in certain circumstances.
77-512 Orders affecting licensure; requirements.
77-513 Hearings, applicable procedures.
77-515 Participation and representation.
77-516 Prehearing conference; notice.
77-517 Prehearing conference; procedure; prehearing order.
77-519 Pleadings, motions, objections, briefs; service.
77-522 Discovery; authorization; requests; subpoenas, discovery orders and protective orders.
77-524 Evidence; official notice.
77-525 Ex parte communications; exemption for certain agencies.
77-526 Orders, initial and final; exception for state corporation commission.
77-527 Review of initial order; exceptions to reviewability.
77-530 Orders, when effective.
77-531 Service of order or notice.
77-533 Conference hearing; use, when.
77-535 Disclosure of material or essential facts.
77-536 Emergency proceedings; use, when; procedure.
77-537 Summary proceedings; use, when; right to request hearing; orders, contents.
77-542 Right to request hearing; statement filed.
77-547 Same; administrative proceedings; agency head, defined.
77-550 Division of property valuation; administrative proceedings; agency head, designation.
77-551 Hearing of state agencies; presiding officer.
77-561 Office of administrative hearings; director; employees.
77-563 Same; officers and employees transferred; benefits and rights.
77-564 Same; conflicts as to power, function or duty to be resolved by governor.
77-565 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.