(1)
Availability; procedures for requests. The commission may
serve upon any
party a written request for the admission, for purposes of all
proceedings relating to the pending complaint only, of the truth of any matters
within the scope of rule
161-9.7 (216)
set forth in the request that relate to statements or opinions of fact or of
the application of law to fact, including the genuineness of any documents
described in the request. Copies of documents shall be served with the request
unless they have been or are otherwise furnished or made available for
inspection and copying.
Each matter of which an admission is requested shall be
separately set forth.
Notice of the effect of an admission shall be given to the
person from whom the admission is sought.
The commission shall not serve more than 30 requests for
admission on any party except upon agreement of the party from whom admissions
are sought or leave of the presiding officer for discovery granted upon a
showing of good cause. A motion for leave of the presiding officer for
discovery to serve more than 30 requests for admission must be in writing and
shall set forth the proposed requests and the reasons establishing good cause
for their use.
(2)
lime for and content of responses. The matter is admitted
unless, within 30 days after service of the request, or within such shorter or
longer time as the
presiding officer for discovery may on motion allow, the
party to whom the request is directed serves upon the commission a written
answer or objection addressed to the matter, signed by the
party or by the
party's attorney.
If objection is made, the reasons therefor shall be stated. The
answer shall specifically deny the matter or set forth in detail the reasons
why the answering party cannot truthfully admit or deny the matter A denial
shall fairly meet the substance of the requested admission, and when good faith
requires that a party qualify the party's answer or deny only a part of the
matter of which an admission is requested, the party shall specify so much of
it as is true and qualify or deny the remainder An answering party may not give
lack of information or knowledge as a reason for failure to admit or deny
unless the party states that the party has made reasonable inquiry and that the
information known or readily obtainable by the party is insufficient to enable
the party to admit or deny. A party who considers that a matter of which an
admission has been requested presents a genuine issue for trial may not, on
that ground alone, object to the request; the party may, subject to the
provisions of subrule 9.16(3), deny the matter or set forth reasons why the
party cannot admit or deny it.
(3)
Determining sufficiency of
responses. The commission may move to determine the sufficiency of the
answers or objections. Unless the presiding officer for discovery determines
that an objection is justified, the presiding officer for discovery shall order
that an answer be served. If the presiding officer for discovery determines
that an answer does not comply with the requirements of this rule, the
presiding officer for discovery may order either that the matter be admitted or
that an amended answer be served. The presiding officer for discovery may, in
lieu of these orders, determine that final disposition of the request be made
at a designated time prior to completion of the investigation. The provisions
of paragraph 9.16(1) "J" apply to the award of expenses incurred in relation to
the motion.
