Statutes, codes, and regulations
Delaware Administrative Code
Title 6 - Attorney General's OfficeFraud and Consumer Protection DivisionConsumer Protection Unit
Consumer Protection Unit Administrative Enforcement Proceedings
Section 103-15.0 - Answers to complaints

6 Del. Admin. Code § 103-15.0

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 103-15.0 - Answers to complaints
15.1 Form, service, notice. Pursuant to Rule 7.2, each respondent named in a complaint shall serve an answer to the complaint on the Deputy Attorney General who initiated the proceeding, all other parties, and the hearing officer within 20 days after service of the complaint on such respondent. The hearing officer may extend such period for good cause.
15.2 Content, affirmative defenses. Unless otherwise ordered by the hearing officer, an answer shall specifically admit, deny, or state that the respondent does not have and is unable to obtain sufficient information to admit or deny each allegation in the complaint. When a respondent intends to deny only part of an allegation, the respondent shall specify so much of it as is admitted and deny only the remainder. A statement of lack of information shall be deemed a denial. Any allegation not denied shall be deemed admitted. Any affirmative defense shall be asserted in the answer.
15.3 Amendments to answer. Upon a motion by a respondent, the hearing officer may permit an answer to be amended.
15.4 Extension of time to answer amended complaint. If a complaint is amended pursuant to Rule 14.0, the time for filing an answer or amended answer shall be extended to 20 days after service of the amended complaint.
15.5 Failure to answer. If a respondent does not file an answer to the complaint within the time required, a second notice and copy of the complaint shall be sent to such respondent at his or her last known address requiring an answer within 10 days after service of the second notice.
15.6 Default orders. If the respondent fails to answer the second notice and complaint, after failing to answer the first, the Deputy Attorney General prosecuting the matter may move that the hearing officer issue an order finding the respondent in default and granting any lawful relief requested in the complaint or the motion. This subsection does not apply to summary orders.

6 Del. Admin. Code § 103-15.0

15 DE Reg. 531 (10/01/11)