33 CFR § 20.310 - Default by respondent.

---
identifier: "/us/cfr/t33/s20.310"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 20.310 - Default by respondent."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "20.310"
section_name: "Default by respondent."
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "20"
part_name: "RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73)."
regulatory_source: "CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted."
cfr_part: "20"
---


# 20.310 Default by respondent.

(a) The ALJ may find a respondent in default upon failure to file a timely answer to the complaint or, after motion, upon failure to appear at a conference or hearing without good cause shown.

(b) Each motion for default must conform to the rules of form, service, and filing of this subpart. Each motion must include a proposed decision and proof of service under section 20.304(d). The respondent alleged to be in default shall file a reply to the motion 20 days or less after service of the motion.

(c) Default by respondent constitutes, for purposes of the pending action only, an admission of all facts alleged in the complaint and a waiver of her or his right to a hearing on those facts.

(d) Upon finding a respondent in default, the ALJ shall issue a decision against her or him.

(e) For good cause shown, the ALJ may set aside a finding of default.