(A) DEFAULT, as used herein, is defined as:
(1) The failure of a respondent to appear at a hearing; and
(2) Any act, counsel, deliberate omission, communication, signal or the like, direct or indirect, made or done by a respondent or any of his or her agents or attorneys on his or her behalf, which:
(a) Induces or helps to induce a person other than the respondent to refrain from testifying before, discussing a matter with or misrepresenting any fact to the hearing officer, or to frustrate adjustments; or
(b) Frustrates or attempts to frustrate adjustments, or causes the misrepresentation of a fact to the hearing officer.
(B) Whenever the hearing officer decides by clear and convincing evidence that a default has occurred, it shall serve upon the respondent so charged an order of default against him or her. The making of such an order entitles the hearing officer to make findings of fact sustaining the averments of the complaint without resort to testimony.
(1984 Code, §§ 32.08, 37.11) (Ord O-31-98, passed 7-21-1998; Ord. O-20-03, passed 4-29-2003)