Section 3000.435  Sanctions and Penalties

a)         The hearing officer may impose sanctions and penalties if the hearing officer finds that a party has acted in bad faith, for the purpose of delay, or has otherwise abused the hearing process.  Such sanctions and penalties include but are not limited to default judgment or directed finding on one or more issues.

b)         If a petitioner fails to testify on his own behalf with respect to any question propounded to him, the hearing officer may infer therefrom that such testimony or answer would have been adverse to the case of the party refusing to testify.

c)         If the petitioner or its agent fails to answer a subpoena or refuses to testify fully at the request of the Board, such failure or refusal may be deemed independent grounds for a finding that the petitioner is unsuitable for licensing or that the petitioner should be placed or remain on the Board Exclusion List or that the petitioner should remain on the Self-Exclusion List.  In addition, the hearing officer may infer therefrom that such testimony would have been adverse to the petitioner.

d)         Failure of petitioner to appear at a hearing shall constitute an admission of all matters and facts contained in the Notice of Denial.  In such cases the hearing officer may take action based upon such admission or upon any other evidence, including affidavits, without any further notice to the petitioner.

(Source:  Amended at 31 Ill. Reg. 8098, effective June 14, 2007)