6 Del. Admin. Code § 200-B-224

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-B-224 - Answers to Complaints

(a) Form, service, notice. Each respondent named in a complaint shall answer and serve an answer to the complaint on the Unit all other parties, and the Presiding Officer within 25 days after service of the complaint on such respondent pursuant to Rule 210 and at the time of service file such answer with the Director pursuant to Rules 211, 212 and 213. The Presiding Officer may extend such period for good cause.

(b) Content, affirmative defenses. Unless otherwise ordered by the Presiding 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.

(c) Amendments to Answer. Upon motion by a respondent, the Presiding Officer may permit an answer to be amended.

(d) Extension of Time to Answer Amended Complaint. If a complaint is amended pursuant to Rule 222, the time for filing an answer or amended answer shall be extended to 10 days after service of the amended complaint. If any respondent has already filed an answer, such respondent shall have 15 days after service of the amended complaint, unless otherwise ordered by the Presiding Officer, within which to file an amended answer.

(e) Failure to Answer, Default.

(1) If the respondent does not file an answer within the time required, the Presiding Officer shall send a second notice to such respondent requiring an answer within 10 days after service of the second notice, or within such longer period as the Presiding Officer in his or her discretion may order. The second notice shall state that failure of the respondent to reply within the period specified shall allow the Presiding Officer, in the exercise of his or her discretion, to:

(A) treat as admitted by the respondent the allegations in the complaint; and

(B) enter a default decision against the respondent.

(2) If no answer is filed within the time required by the second notice, the Presiding Officer may treat as admitted by the respondent the allegations in the complaint and enter a default decision against the respondent.

6 Del. Admin. Code § 200-B-224

13 DE Reg. 667 (11/01/09)
18 DE Reg. 394 (11/1/2014) (Final)