[SvenMagnussen]

“Their having chosen to present evidence, therefore, precluded a default order, as such an order is awarded in the absence of any evidence being presented.”

Not true!

A Default Order should be issued because of the actions of the Defendant and have nothing to do with the actions of the Plaintiffs.

[SvenMagnussen]

Plaintiffs presenting evidence and testimony has nothing to do with Defendant's refusal to participate.

OFFICE OF STATE ADMINISTRATIVE HEARINGS
CHAPTER 616-1-2
ADMINISTRATIVE RULES OF PROCEDURE

616-1-2-.30 Default. Amended.

(1) A default order may be entered against a party that fails to participate in any stage of a proceeding, a party that fails to file any required pleading, or a party that fails to comply with an order issued by the Administrative Law Judge.

(2) Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party’s continued participation in the proceeding. After issuing a default order, the Administrative Law Judge shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Administrative Law Judge deems appropriate, and shall determine all issues in the proceeding, including those affecting the party in default.