---
kind: "section"
citation: "33 C.F.R. § 20.310"
title: "33"
number: "20.310"
heading: "Default by respondent."
url: "https://uscodex.org/cfr/33/20.310"
---

# §20.310. Default by respondent.

- (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)](/cfr/33/20.304.md?p=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.

## Notes

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.