N.M. Admin. Code § 11.5.5.404

Current through Register Vol. 36, No. 1, January 14, 2025

Section 11.5.5.404 - ANSWER TO ADMINISTRATIVE COMPLAINT; RESPONSE TO PETITION FOR MODIFICATION OF ABATEMENT PERIOD

A. When filed:

(1) In a case initiated by notice of contest, the respondent's answer shall be filed within fifteen (15) days after the respondent's receipt of the administrative complaint.

(2) In a case initiated by a petition for modification of abatement period, each respondent's response to the petition for modification of abatement period shall be filed within ten (10) days after service of the petitioner's request for hearing.

B. Response to allegations: A respondent's answer to the administrative complaint, or response to the petition for modification of abatement period, as applicable, shall, as to each allegation of the notice of contest or the petition for modification of abatement period:

(1) state whether such allegation is admitted or denied;

(2) if the allegation cannot in good faith be fully admitted or fully denied, state the extent to which the allegation is admitted and the extent to which it is denied;

(3) if the respondent has insufficient knowledge to form a belief as to the truth of the allegation, so state and deny the allegation.

C. Affirmative defenses: Any affirmative defenses the respondent has to the administrative complaint or the petition for modification of abatement period shall be set forth in the answer or response, as applicable.

(1) Any affirmative defense not set forth in the answer or response, as applicable, except a defense of lack of subject matter jurisdiction, shall be waived unless the respondent demonstrates that the basis for the affirmative defense was not known, and could not reasonably have been discovered, by the respondent at the time the answer or response was filed.

(2) Any affirmative defense listed in SCRA 1986, 1-012.B shall be treated as a motion, to which the provisions of Section 501 [now 11.5.5.501 NMAC] shall apply, except that the affirmative defense shall be set forth in the answer or response, as applicable, rather than as a separate document.

N.M. Admin. Code § 11.5.5.404

4/25/78, 1/1/84, 1/1/94; Recompiled 11/30/01