N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-4.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 581-4.4 - Answer

(a) Within 30 days of the date of the notice of hearing and complaint, the respondent shall serve upon the executive director an answer signed by the respondent or his attorney.

(b) The respondent's answer shall specify which allegations he admits, which allegations he denies, and which allegations he has insufficient information upon which to form an opinion regarding the allegation, and must also explicitly assert any affirmative defenses together with a statement of the facts which constitute the grounds of each affirmative defense asserted. Whenever the complaint alleges that the respondent conducted an activity without a required permit, a defense based upon the inapplicability of the permit requirement to the activity shall constitute an affirmative defense. Affirmative defenses not pled in the answer may not be raised in the hearing unless allowed by the hearing officer. The hearing officer shall only allow such defense upon the filing of a satisfactory explanation as to why the defense was not pled in the answer and a showing that such affirmative defense is likely to be meritorious.