(a) If, after proper service of notice, any party appears at the hearing and an opposing party fails to appear, the Judge is authorized to:
- (1) Dismiss the case with prejudice, where the Agency is a non-appearing party; or
- (2) Where the respondents have failed to appear, find the facts as alleged in the NOVA, NOPS and/or NIDP and enter a default judgment against the respondents.