Section 130.1131  Application to Vacate an Order Issued Due to Default

a)         Any party who receives an order, based on a failure to answer or otherwise plead, or a failure to appear at the hearing, may within ten days after receipt of the order file an application in writing with the Secretary of State or his designee requesting that the order be vacated.  The application shall be supported by an affidavit specifying the reason the party was unable to file an answer, otherwise plead, or appear at the hearing.

b)         Upon good cause shown, the Secretary of State may issue an order vacating the default order, granting an extension to file an answer, and setting a date for a new hearing or supplemental hearing.  If a supplemental hearing is ordered, the Secretary of State may order that the evidence presented at the previous hearing, including testimony of witnesses, may be considered by the Hearing Officer without the need for presenting the evidence at the supplemental hearing.

c)         Any application by a party to vacate an order issued due to default shall only stay the effective date of the order entered by the Secretary of State for the purpose of filing an administrative review under the Administrative Review Law [735 ILCS 5/Art. III].  If the party's application to vacate is denied by the Secretary, the Order of Default shall be considered the final order for purposes of the Administrative Review Law.

d)         If a timely application to vacate an order issued due to default is made, the time for filing an administrative review complaint shall begin to run upon the issuance of the Secretary's order disposing of the application to vacate an order issued due to default.

(Source:  Added at 22 Ill. Reg. 1933, effective January 1, 1998)