Code of Federal Regulations · Section

§ 904.211 — Failure To Appear

15 C.F.R. § 904.211

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(a) If, after proper service of notice, any party appears at the hearing and an opposing party fails to appear, the Judge is authorized to:

(1) Dismiss the case with prejudice, where the Agency is a non-appearing party; or

(2) Where the respondents have failed to appear, find the facts as alleged in the NOVA, NOPS and/or NIDP and enter a default judgment against the respondents.

(b) Following an order of default judgment, a non-appearing party may file a petition for reconsideration, in accordance with § 904.272. Only petitions citing reasons for non-appearance, as opposed to arguing the merits of the case, will be considered.

(c) The Judge will place in the record all the facts concerning the issuance and service of the notice of time and place of hearing.

(d) The Judge may deem a failure of a party to appear after proper notice a waiver of any right to a hearing and consent to the making of a decision on the record.

(e) Failure to appear at a hearing shall not be deemed to be a waiver of the right to be served with a copy of the Judge's decision.

15 C.F.R. § 904.210 15 C.F.R. § 904.212

Authorizing Statute

Purpose
16 U.S.C. § 5001
Definitions
16 U.S.C. § 916
Definitions
16 U.S.C. § 7801
Findings, purposes and policy
16 U.S.C. § 1801
Findings and purpose
16 U.S.C. § 2431
Findings and purpose
16 U.S.C. § 5101
Equivalent conservation measures
16 U.S.C. § 1826k
Congressional findings and declaration of purposes and policy
16 U.S.C. § 1531
Definitions
16 U.S.C. § 951
Definitions
16 U.S.C. § 7701
Congressional findings and declaration of purpose
30 U.S.C. § 1401
National standards for fishery conservation and management
16 U.S.C. § 1851
Definitions
16 U.S.C. § 7001
Prohibition on sale of billfish
16 U.S.C. § 1827a
Definitions
16 U.S.C. § 971
Definitions
15 U.S.C. § 330
Purpose
16 U.S.C. § 7401
Definitions
16 U.S.C. § 3371
Congressional findings
16 U.S.C. § 4001
Congressional declaration of policy
42 U.S.C. § 9101
Definitions
16 U.S.C. § 3601
Definitions
51 U.S.C. § 60101
Congressional findings and declaration of policy
16 U.S.C. § 1361
International fishery agreements
16 U.S.C. § 1822
Moratorium on taking and importing marine mammals and marine mammal products
16 U.S.C. § 1371
Compensation for loss or destruction of commercial fishing vessel or gear
22 U.S.C. § 1980
Definitions
16 U.S.C. § 6901
Representation of United States under Convention
16 U.S.C. § 5601
Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or possession of same
16 U.S.C. § 781
Findings and purpose
16 U.S.C. § 2461
Congressional findings and declaration of purpose
16 U.S.C. § 2401
Findings, purposes, and policies; establishment of system
16 U.S.C. § 1431
Purpose
16 U.S.C. § 5501
Definitions
16 U.S.C. § 773
Definitions
16 U.S.C. § 973
Definitions
16 U.S.C. § 3631
Definitions
16 U.S.C. § 1151
Enforcement
16 U.S.C. § 1826g