A. If at the time set for hearing, the respondent, or his/her attorney or agent of record, fails to appear, the administrative hearing officer may enter a default judgment of liability against the respondent and impose fines and assess costs. A copy of the order of default shall be served in any manner permitted by this chapter and applicable to the violation. The order shall advise the respondent of the procedure for setting aside the default judgment and shall also apprise the respondent of the availability of an appeal of the default judgment to the circuit court of Will County. The default judgment shall be servedpromptly uponthe respondent as provided in this chapter. The default judgment constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act.
B. A respondent against whom a default judgment has been entered may file a motion with the Office of administrative hearings to set aside the default judgment and request a new hearing. A motion to set aside a default judgment may be filed at any time if the respondent alleges lack of subject matter or personal jurisdiction. In all other cases, the motion must be filed within 21 days of entry of the default judgment. A motion to set aside a default judgment shall set forth the reason(s) the respondent failed to appear on the original hearing date. The administrative hearing officer shall hear and rule on the motion. If the administrative hearing officer grants the motion, a hearing will be held immediately on the alleged Code violation(s) set forth in the charging document unless the respondent requests another hearing date and presents good cause for continuing the hearing.
C. If any default judgment is set aside pursuant to this section, the administrative hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the village as a result of the vacated default judgment. (Ord. 23-2060, 1-24-2023)