---
kind: "section"
citation: "24 C.F.R. § 26.41"
title: "24"
number: "26.41"
heading: "Default."
url: "https://uscodex.org/cfr/24/26.41"
---

# §26.41. Default.

- (a) **General.** The respondent may be found in default, upon motion, for failure to file a timely response to the Government's complaint. The motion shall include a copy of the complaint and a proposed default order, and shall be served upon all parties. The respondent shall have 10 days from such service to respond to the motion.
- (b) **Default order.** The ALJ shall issue a decision on the motion within 15 days after the expiration of the time for filing a response to the default motion. If a default order is issued, it shall constitute the final agency action.
- (c) **Effect of default.** A default shall constitute an admission of all facts alleged in the Government's complaint and a waiver of respondent's right to a hearing on such allegations. The penalty proposed in the complaint shall be set forth in the default order and shall be immediately due and payable by respondent without further proceedings.

## Notes

### Authority

Authority: 42 U.S.C. 3535(d).

### Source

Source: 73 FR 76833, Dec. 17, 2008, unless otherwise noted.