Rule 8.  Default Procedures

A.        A person who receives notice of an agency adjudicatory hearing is required to file a written answer within 30 days after the service or mailing of notice of the proceeding.  If a person receiving such notice fails to file an answer, a judge may enter a default against that person.  Section 24-4-105(2)(b), C.R.S.

B.        A judge will not grant a motion for entry of a default under this statutory provision unless the following requirements are met:

1.         The motion for entry of a default must be served upon all parties to the proceeding, including the person against whom a default is sought.

2.         The motion shall be accompanied by an affidavit establishing that both the notice of the proceeding and the motion for entry of default have been personally served upon the person against whom a default is sought, or have been mailed by first class mail to the last address furnished to the agency by the person against whom the default is sought.

3.         Any motion for entry of default requesting a fine or civil penalty shall set forth the legal authority for the claim and any applicable calculation thereof.