(a) If a respondent fails to appear on the day and
time set for the hearing, regardless of whether an appearance has
been entered, the Administrative Law Judge, on the Board's motion
and adequate proof of proper notice having been served on the respondent,
shall enter a default judgment against the respondent.
(b) A default judgment will be entered based on the
factual allegations in the notice of hearing and upon proof of proper
notice to the respondent.
(c) In order for a default judgment to be entered,
the notice of hearing shall include the following in capital letters
in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON
OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS
BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED IN
THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF
REQUESTED BY THE BOARD SHALL BE GRANTED BY DEFAULT.
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