Failure to Appear

Section 130 Section 130.1109  Failure to Appear Failure to appear, by the respondent, at the time and place set for hearing shall be deemed a waiver of the right to present evidence, argue, object or cross-examine witnesses, or otherwise participate at the hearing.  After presentation by the Securities Department of proof that the respondent was given proper notice and jurisdiction of the Secretary has been established, the Hearing Officer shall strike any answer or other pleading filed, if any, by the party failing to appear and make a recommendation to the Secretary that a finding of default and an appropriate order be entered. Where the Securities Department fails to appear, the Notice of Hearing shall be dismissed.