Plaintiff filed complaint for administrative review, challenging final administrative decision that revoked her real estate appraiser license.after default order for failure to file answer was entered against her and disciplinary board held its deliberations on the pleadings. Default order is not the same as a default judgment, and agency's rules permit motions requesting that order be vacated or modified. Plaintiff's motion to vacate ALJ's default order was not time barred and was permissible even though ALJ already had transferred case to Board for its deliberations on the pleadings. Agency's final order did not discuss or decide Plaintiff's motion to vacate, and there is no indication in the record that motion was considered or decided by ALJ, Board, or Director. No indication in record that Defendants filed motion to request the Plaintiff's failure to file timely answer deemed an admission of truth of allegations in agency's complaint; and Plaintiff did allege good cause for failure to file timely answer. Plaintiff was denied due process. Denial of Plaintiff's request to remand for hearing on the merits was abuse of discretion.(REYES and ROCHFORD, concurring.)
Illinois Appellate Court
Civil Court
Administrative Review