Section 336.200  Abandonment of Appeal/Default

a)         The Administrative Hearings Unit will declare that the Department or appellant has abandoned the appeal when:

1)         the Department representative, the appellant or the appellant's authorized representative, without good cause, fails to appear at a hearing or pre-hearing conference without having received a continuance; or

2)         the appellant failed to notify the Chief Administrative Law Judge of a change of address and a notice of the administrative hearing, sent to the appellant's last known address, was returned as "undeliverable," "unclaimed," "refused," "moved," or "no forwarding address."

b)         Good cause for failure to appear includes, but is not limited to:

1)         death or serious illness in the immediate family of the appellant or the appellant's representative;

2)         failure of the Administrative Hearings Unit to give notice of the proceeding to the appellant or the appellant's representative at the last known address available to the Administrative Hearings Unit; or

3)         failure of the Administrative Hearings Unit to give notice by fax, inter-office mail or electronic mail, to the Department representative or the present supervisor of the child protection team with primary case responsibility for the investigation.

c)         When the Department fails to appear at a pre-hearing conference or hearing, without good cause, and without having received a continuance, the Administrative Law Judge may issue orders as are appropriate, including, but not limited to, a finding of default for failure to appear.

d)         Any party seeking to vacate an order of abandonment shall file a motion within 14 days after notice of the entry of an order of abandonment or default, showing good cause why the party failed to appear or participate.

(Source:  Added at 24 Ill. Reg. 7660, effective June 1, 2000)