Ill. Admin. Code tit. 38, § 100.120 - Requirement of an Answer; Default
a) In
contested cases, the Petitioner shall file an Answer to the Notice of
Preliminary Hearing at least five days prior to the date of the Preliminary
Hearing, unless otherwise provided by law. The Answer shall be in writing,
signed by the Petitioner or his or her representative, and shall contain a
specific response to each allegation in the Administrative Decision. The
response shall either admit or deny the allegation, or shall state that the
Petitioner 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 Petitioner 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 Petitioner
does not file an Answer conforming with the requirements of this Section or
otherwise does not file a responsive pleading, on motion by the Department, 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 that notice, the Petitioner
does not file an Answer conforming with the requirements of this Section or
otherwise file a responsive pleading, the Petitioner will be held in default
and the allegations of the Administrative Decision will be deemed to have been
admitted. In a like manner, if a Petitioner fails to appear for any scheduled
Hearing or proceeding without cause, the Petitioner may be held in default and
the allegations of the Administrative Decision will be deemed to have been
admitted.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.