Section 11520 Of Chapter 5. Administrative Adjudication: Formal Hearing From California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 5.
11520
. (a) If the respondent either fails to file a notice of
defense, or, as applicable, notice of participation, or to appear at
the hearing, the agency may take action based upon the respondent's
express admissions or upon other evidence and affidavits may be used
as evidence without any notice to respondent; and where the burden of
proof is on the respondent to establish that the respondent is
entitled to the agency action sought, the agency may act without
taking evidence.
(b) Notwithstanding the default of the respondent, the agency or
the administrative law judge, before a proposed decision is issued,
has discretion to grant a hearing on reasonable notice to the
parties. If the agency and administrative law judge make conflicting
orders under this subdivision, the agency's order takes precedence.
The administrative law judge may order the respondent, or the
respondent's attorney or other authorized representative, or both, to
pay reasonable expenses, including attorney's fees, incurred by
another party as a result of the respondent's failure to appear at
the hearing.
(c) Within seven days after service on the respondent of a
decision based on the respondent's default, the respondent may serve
a written motion requesting that the decision be vacated and stating
the grounds relied on. The agency in its discretion may vacate the
decision and grant a hearing on a showing of good cause. As used in
this subdivision, good cause includes, but is not limited to, any of
the following:
(1) Failure of the person to receive notice served pursuant to
Section 11505.
(2) Mistake, inadvertence, surprise, or excusable neglect.