| (a) If a respondent fails to appear in person or through his legal representative on the day and at the time set for hearing in a contested case, regardless of whether an appearance has been entered, the administrative law judge, upon motion by the board, shall enter a default judgment in the matter adverse to the respondent who has failed to attend the hearing, upon proper proof of notice to the defaulting party. (b) For purposes of this section, a default judgment shall mean the issuance of a final order against the respondent in which the factual allegations against the respondent contained in the complaint shall be admitted as prima facie evidence and deemed admitted as true, without any requirement for additional proof to be submitted by the board. |
