§386.64. Reconsideration. — Inbound Citations

Upon notification to all parties, the Agency Decisionmaker or Administrative Law Judge may take official notice of any fact or document not appearing in evidence in the record. Any party objecting to the official notice must file an objection within 10 days after service of the notice. If a Final Order has been issued, and the decision rests on a material and disputable fact of which the Agency Decisionmaker has taken official notice, a party may challenge the action of official notice in accordance with § 386.64.

(b) The Hearing Officer will prepare a report to the Agency Decisionmaker containing findings of fact and recommended disposition of the matter within 45 days after the conclusion of the hearing. The Agency Decisionmaker will issue a Final Order adopting the report, or may make other such determinations as appropriate. The Agency Decisionmaker's decision to adopt a Hearing Officer's report may be reviewed in accordance with § 386.64.

(2) The default constitutes an admission of all facts alleged in the Notice of Claim and a waiver of respondent's opportunity to contest the claim. The default will be reviewed by the Agency Decisionmaker in accordance with § 386.64(b), and the Final Order may be vacated where a respondent demonstrates excusable neglect, a meritorious defense, or due diligence in seeking relief.