(a) When. Within 20 days of service of the notice, respondent must
file an answer as designated in the notice. In a civil money penalty
proceeding, respondent must also file a request for a hearing within
20 days of service of the notice.
8-062.1
(b) Content of answer. An answer must specifically
respond to each paragraph or allegation of fact contained in the notice
and must admit, deny, or state that the respondent lacks sufficient
information to admit or deny each allegation of fact. A statement
of lack of information has the effect of a denial. Denials must fairly
meet the substance of each allegation of fact denied; general denials
are not permitted. When a respondent denies part of an allegation,
that part must be denied and the remainder specifically admitted.
Any allegation of fact in the notice which is not denied in the answer
is deemed admitted for purposes of the proceeding. A respondent is
not required to respond to the portion of a notice that constitutes
the prayer for relief, or proposed order. The answer must set forth
affirmative defenses, if any, asserted by the respondent.
8-062.2
(c) Default.
(1) Effect of
failure to answer. Failure of a respondent to file an answer
required by this section within the time provided constitutes a waiver
of the respondent’s right to appear and contest the allegations
in the notice. If no timely answer is filed, enforcement counsel may
file a motion for entry of an order of default. Upon a finding that
no good cause has been shown for the failure to file a timely answer,
the ALJ will file with the Board a recommended decision containing
the findings and the relief sought in the notice. Any final order
issued by the Board based upon a respondent’s failure to answer
is deemed to be an order issued upon consent.
(2) Effect of
failure to request a hearing in civil money penalty proceedings. If respondent fails to request a hearing as required by law within
the time provided, the notice of assessment constitutes a final and
unappealable order of the Board without further action by the ALJ.
