Reopen A Defaulted Violation

How do I reopen a defaulted violation?

As of June 2, 2022, The Office of Administrative Trials and Hearings (OATH) is updating the deadline for moving to reopen a default after a failure to appear and request a new hearing by increasing the time parties have to make such motions from 60 to 75 days.

Per the language in the newly adopted rule:

• A first request for a new hearing after default by a Respondent that is submitted within 75 days of the mailing or hand delivery date of the default decision will be granted. A request for a new hearing after default that is submitted by mail must be postmarked within 75 days of the mailing or hand delivery date of the default decision.
• A request for a new hearing after default that is submitted after 75 days of the date of the mailing or hand delivery date of the default decision must be filed within one (1) year of the date of the default decision and be accompanied by a statement setting forth a reasonable excuse for the Respondent's failure to appear and any documents to support the request. The Hearing Officer will determine whether a new hearing will be granted.