(A) DEFAULT as used herein is defined as:
(1) The failure of a respondent to appear at a hearing shall be ruled as a default.
(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 the Human Relations Commission - Enforcement, to refrain from discussing a matter with the Human Relations Commission - Enforcement staff, to frustrate adjustments, or to misrepresent any fact to the Human Relations Commission - Enforcement; or
(b) Frustrates or attempts to frustrate adjustments, or cause the misrepresentation of a fact to the Human Relations Commission - Enforcement.
(B) Whenever the Hearing Officer decides by clear and convincing evidence that a default has occurred, he or she 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 forthwith to make findings of fact sustaining the averments of the complaint without resort to testimony.
(1994 Jeff. Code, § 92.11) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.11) (Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)