State v. Consolidated Recycling, Inc.

The defendants, Consolidated Recycling, Inc. (Consolidated), Debon Sales, and Franklin Darrel Sales, appeal certain decisions of the Superior Court (Dalianis, J.): (1) denying their motion to strike a default; (2) declining to conduct a hearing on relief prior to entering a final order; and (3) assessing a civil penalty where no such penalty had been sought by the State prior to the default. We affirm in part, vacate in part, and remand.

Consolidated recycles fluorescent lamps and ballasts. Debon Sales is the president of Consolidated, and Franklin Darrel Sales is director and general manager…