(750 ILCS 25/10) (from Ch. 40, par. 2710)
Sec. 10.
Failure to appear.
(a) In any case in which the responding
party fails to appear at the hearing, the Administrative Hearing Officer
shall proceed to hear the case based upon the testimony of the petitioning
party and other evidence presented, and shall recommend that the court
enter an appropriate order. If the petitioning party agrees to the
Administrative Hearing Officer's recommended order, a copy of such order
signed by the petitioning party and a notice advising the absent party of
his or her right to object shall be served upon the absent party in the
following manner:
(1) If service to commence the proceeding before the Administrative
Hearing Officer was by regular mail, the notice and recommended order shall
be served in the same manner as summonses are served in other civil
proceedings, or, in lieu of personal service, by certified mail, return
receipt requested, mailed to the absent party's last known address. If
service is made by certified mail, the return receipt shall constitute
proof of service.
(2) If service to commence the proceeding before the Administrative
Hearing Officer was as provided in the Code of Civil Procedure and Supreme
Court Rules, the notice and recommended order shall be served by regular
mail to the absent party's last known address.
(b) At any time within 14 days after the recommended order has been
mailed, the absent party may file a written objection with the court to the
entry of the recommended order. The court shall hold a hearing on the
objection and enter the appropriate orders. If the court determines that
the recommended order not be entered, the court may refer the case back to
the Administrative Hearing Officer for further proceedings or may conduct a
judicial hearing.
(c) If the petitioning party does not agree to the recommended order or
any part thereof, a judicial hearing shall immediately be scheduled. The
Administrative Hearing Officer shall record the date, time and place of the
judicial hearing on a notice and provide a copy of the notice to the
petitioning party at the time of the expedited hearing and to the
responding party by regular mail.
(Source: P.A. 86-1401.)
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