Md. Code Regs. 02.01.02.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.01.02.07 - Response

A. A respondent shall file a written response to the statement of charges.

B. Time for Filing.

(1) Unless the Agency has issued a cease and desist order under Commercial Law Article, § 13-403(d) or 14-12 B-08(a), Annotated Code of Maryland, without first conducting a hearing, the respondent shall file the response:

(a) Within 20 days of service of the statement of charges; and

(b) Within 20 days of service of an amended statement of charges if a respondent wishes to contest new facts or allegations introduced in the amended statement of charges.

(2) If the Agency has issued a cease and desist order under Commercial Law Article, § 13-403(d) or 14-12 B-08(a), Annotated Code of Maryland, and if a hearing is requested, the respondent shall file the response with the request for hearing.

C. Content. The respondent shall state in the response all affirmative and negative defenses, and shall:

(1) Admit or deny each allegation in the statement of charges;

(2) Generally deny all allegations in the statement of charges except for those allegations that are specifically admitted; or

(3) State that the respondent is without knowledge or information sufficient to form a belief concerning the truth of any allegation, which statement has the effect of a denial.

D. Effect of Failure to Deny. Unless denied in a timely-filed response, allegations are admitted.

E. Effect of Failure to File Response. Failure to timely file a response may be grounds for issuance of a default order under Regulation .17 of this chapter.

Md. Code Regs. 02.01.02.07

Regulations .07 adopted effective January 31, 2005 (32:2 Md. R. 145)