ILLINOIS POLLUTION CONTROL BOARD
    March 2, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    J & S COMPANIES, INC. and FIRST
    CHOICE CONSTRUCTION, INC.
     
    Respondents.
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    PCB 06-33
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    The Office of the Attorney General, on behalf of the People of the State of Illinois
    (People) has moved for entry of default judgment against both respondents. The People filed
    their motion against respondent J & S Companies, Inc., a Missouri corporation, on February 1,
    2006, and against First Choice Construction, Inc., an Illinois corporation, on February 15, 2006.
    Neither respondent has filed a response to the motion. The Board denies the motions for default
    judgment.
     
    In each motion, the People recite that the complaint was filed on September 1, 2005, and
    that respondents have filed no appearance, answer or other pleading. The People claim that they
    are therefore entitled to a finding of default pursuant to Section 2-1301 of the Illinois Code of
    Civil Procedure (735 ILCS 5/2-1301 (2004)). The People also cite to a non-existent “Section
    101.204(d) of the Board’s Procedural Rules” in support of its motion, but do not cite any cases or
    other precedent in support of the motion.
     
    Section 101.100(b) of the Board’s procedural rules states that:
     
    The provisions of the Code of Civil Procedure [735 ILCS 5] and the Supreme
    Court Rules [Ill. S. Ct. Rules] do not expressly apply to proceedings before the
    Board. However, the Board may look to the Code of Civil Procedure and the
    Supreme Court Rules for guidance where the Board’s procedural rules are
    silent. 35 Ill. Adm. Code 101.100(b).
     
    The Board’s rules are not silent on the issue of default findings. The Board’s default rule for
    enforcement cases states that “[t]he procedures for default can be found at 35 Ill. Adm. Code
    101.608.” 35 Ill Code 103.500. Section 101.608 states:
     
    (a) Failure of a party to appear at the hearing, or failure to proceed as ordered
    by the Board or hearing officer, will constitute default.
     
     
     
      
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    (b) If a respondent fails to appear at hearing, the complainant or petitioner
    must prove its prima facie case in order to prevail on the merits. 35 Ill.
    Adm. Code 101.608.
     
    Section 103.204(d) discusses the subject of answers to a complaint. 35 Ill. Adm. Code
    103.204(d). It does not speak of default.
    See id.
    Instead, the rule provides in pertinent part that
    “[a]ll material allegations of the complaint will be taken as admitted if no answer is filed.”
    Id
    .
     
    As the Code of Civil Procedure does not apply in this instance, and as respondents have
    not “defaulted” within the meaning of the Board’s procedural rules, complainant’s motion is
    denied. The People are free to file any appropriate motion for judgment on the pleadings.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 2, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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