(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 proposal for decision 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.
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