Mich. Admin. Code R. 37.11 - Answer

Current through Vol. 22-05, April 1, 2022

Rule 11.

(1) The respondent shall file a written verified answer within 20 days from the date of service of the charge.
(2) The answer shall be filed in duplicate at any office of the department. The filing shall be by personal delivery or by registered or certified mail, return receipt requested.
(3) Upon request, the commission or director may, for good cause shown, extend the time within which the answer may be filed.
(4) The answer shall be in writing, the original being signed and verified by the respondent. The answer shall contain the post office address of the respondent, and if he or she is represented by counsel, the name and post office address of counsel. The answer shall contain a general or specific denial or admission of each and every allegation of the charge, or a denial of any knowledge or information sufficient to form a belief, and a statement of any matter constituting a defense. Any allegation in the charge which is not denied or admitted in the answer, unless the respondent shall state in the answer that he or she is without knowledge or information sufficient to form a belief, shall be deemed admitted.
(5) The respondent shall have the right reasonably and fairly to amend his or her answer:
(a) The respondent's right to amend his or her answer may be exercised at any time up to 10 days before the first hearing, without permission, and thereafter, in the discretion of the hearing commissioner or commissioners, or hearing referee or referees, on application duly made therefor.
(b) Duplicate copies of an amended answer shall be filed with the department.
(6) If an answer is not filed within the time provided for in these rules, each of the allegations in the charge shall be deemed admitted. Upon application, the referee, for good cause shown, may set aside the admission.
(7) The department, within 5 days after the date of filing an answer or amended answer, shall send a copy thereof by registered or certified mail, return receipt requested, to the claimant at his or her last known place of residence or to his or her counsel.

Notes

Mich. Admin. Code R. 37.11
1979 AC

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