Section 1110.100  Failure to Appear

a)         Failure of a Respondent, even if represented by an attorney, to appear at the time and place set for formal hearing shall be deemed a waiver of the right to present evidence unless otherwise reflected by order of the Administrative Law Judge.  After presentation by the Division of proof that the Respondent was given proper notice and the Division has been given an opportunity to present evidence, the ALJ shall make a recommendation.  When a Petitioner, even if represented by an attorney, fails to appear at the time and place set for formal hearing, the Petition for Restoration or Request for Hearing shall be dismissed.

b)         If at the time of formal hearing, a Respondent has not filed an answer conforming with the requirements of this Part or otherwise filed a responsive pleading, the Respondent will be held in default, the allegations of the Complaint will be deemed to have been admitted, and the Division will be given an opportunity to present evidence.

c)         If a Respondent or Petitioner fails to appear at a hearing upon requesting interpretive assistance pursuant to Section 1110.45, the request for interpretive assistance shall be suspended until another request for interpretive assistance is made.

(Source:  Amended at 50 Ill. Reg. 10826, effective July 13, 2026)