Evidence: Notice of Defense Not Filed

If the respondent fails to file a notice of defense or to appear at the hearing, the agency may take action based upon the respondent’s express admissions or upon other evidence, and affidavits may be used as COL11282017 CH. 9 ADMINISTRATIVE ADJUDICATION LAW evidence without any notice to respondent; and where the burden of proof is on the respondent to establish that he is entitled to the agency action sought, the agency may act without taking evidence. Nothing herein shall be construed to deprive the respondent of the right to make any showing by way of mitigation.