(a) Filing. The respondent's
answer shall be filed in writing within the time
specified in the complaint, unless on application
the time is extended by the Director or the
Administrative Law Judge. The answer shall be
filed in duplicate with the Director.
(b) Contents. The answer shall
contain a statement of facts which constitute the
grounds of defense, and it shall specifically
admit or deny each allegation set forth in the
complaint, except that the respondent shall not
deny a material allegation in the complaint which
he/she knows to be true, or state that he/she is
without sufficient information to form a belief
when in fact he/she possesses such information.
The respondent may also state affirmatively
special matters of defense.
(c) Failure to deny or answer
allegations in the complaint. Every allegation
in the complaint which is not denied in the answer
shall be deemed to be admitted and may be
considered as proved, and no further evidence in
respect of such allegation need be adduced at a
hearing. Failure to file an answer within the time
prescribed in the notice to the respondent, except
as the time for answer is extended by the Director
or the Administrative Law Judge, shall constitute
an admission of the allegations of the complaint
and a waiver of hearing, and the Administrative
Law Judge may make his/her decision by default
without a hearing or further procedure.
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.