Section 2605.180  Requirement of an Answer

a)         In all contested cases initiated by a Notice of Charges, the Respondent shall file an answer within 28 days after the date on which the Notice of Charges was served.  The answer shall be in writing, signed by the Respondent and shall contain a specific response to each allegation. The answer shall either admit or deny the allegation, or shall state that the Respondent has insufficient information to either admit or deny the allegation.

b)         Any answer that states that the Respondent has insufficient information to admit or deny the allegation shall be accompanied by an affidavit of the Respondent attesting to the truth of this assertion.

c)         On motion by any party, the Hearing Officer will issue a notice to plead or be held in default to the Respondent who has failed to submit an answer that conforms to this Section.  If, within 15 days after issuance of the notice, the Respondent does not answer or otherwise file a responsive pleading, the Respondent will be held in default and a default Order may be entered.

d)         In cases initiated by a Petition for Hearing, the Hearing Officer may order the Department to submit an answer stating the Department's position on any facts or issues raised in the Petition for Hearing.

(Source:  Amended at 43 Ill. Reg. 4056, effective March 19, 2019)