Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.120 - Requirement of an Answer; Defaults

Current through Register Vol. 48, No. 28, July 12, 2024
a) In contested cases involving a Complaint
			 and unless otherwise provided by law, the Respondent shall file an Answer
			 within 20 days after the date on which the Complaint was filed. The Answer
			 shall be in writing, signed by the Respondent or his or her representative, and
			 shall contain a specific response to each allegation in the Complaint. The
			 response shall either admit or deny the allegation, or shall state that the
			 Respondent has insufficient information to admit or deny the allegation. Any
			 Answer not conforming to the requirements of this Section may be
			 stricken.
b) Any Answer that states
			 that the Respondent has insufficient information to admit or deny the
			 allegation shall be accompanied by an affidavit attesting to the truth of this
			 assertion.
c) If the Respondent
			 does not file an Answer conforming with the requirements of this Section or
			 otherwise does not file a responsive pleading, on motion by the Division the
			 Administrative Law Judge will cause to be issued a Notice to plead or be held
			 in default. If, within 15 days after issuance of the Notice, the Respondent
			 does not file an answer conforming with the requirements of this Section or
			 otherwise file a responsive pleading, the Respondent will be held in default
			 and the allegations of the Complaint will be deemed to have been admitted. In a
			 like manner, if a Respondent fails to appear for any scheduled hearing or
			 proceeding without cause, he or she may be held in default and the allegations
			 of the Complaint will be deemed to have been admitted.
d) In all contested cases involving a
			 Petition to Restore, the Petitioner's failure to appear, without cause, at a
			 scheduled hearing to prosecute or pursue his or her petition may result in a
			 default and/or the dismissal of the Petition by the ALJ.
e) In contested cases involving a Notice of
			 Intent to Refuse to Renew, the Respondent shall file a request for a hearing to
			 contest the Notice within 30 days after service. If a request is not filed
			 within that time, the Director may issue an order refusing renewal of the
			 license. If a request for hearing is filed but the Respondent fails to appear,
			 without cause, at a scheduled hearing to prosecute or pursue his or her
			 request, the ALJ may dismiss the request for want of prosecution and refer the
			 notice to the Director for action.
f) In contested cases involving a Notice of
			 Intent to Deny Licensure, the Applicant shall file a request for hearing to
			 contest the Notice within 30 days after service. If a request is not filed
			 within that time, the Director may issue an order denying the license. If a
			 request for hearing is filed but the Applicant fails to appear, without cause,
			 at a scheduled hearing to prosecute or pursue his or her request, the ALJ may
			 dismiss the request for want of prosecution and refer the notice to the
			 Director for action.
g) In a case
			 involving a Tax Liability Order, the Respondent shall file a request for a
			 hearing to contest the Order within 60 days after the effective date of the
			 Order. If a request for hearing is filed but the Respondent fails to appear,
			 without cause, at a scheduled hearing to prosecute or pursue his or her
			 request, the ALJ may dismiss the request for want of prosecution and refer the
			 Order to the Director for action.