(a) A party may serve upon any other party a written request for the
admission, for purposes of the pending action only, of the genuineness
and authenticity of any relevant document described in or attached to
the request, or for the admission of the truth of any specified relevant
matter of fact.
(b) Each matter of which an admission is requested is admitted
unless,
within thirty (30) days after service of the request or such shorter or
longer time as the administrative law judge may allow, the party to whom
the request is directed serves on the requesting party:
(1) A written statement denying specifically the relevant matters of
which an admission is requested;
(2) A written statement setting forth in detail the reasons why he
or she can neither truthfully admit nor deny them; or
(3) Written objections on the ground that some or all of the matters
involved are privileged or irrelevant or that the request is otherwise
improper in whole or in part.
(c) An answering party may not give lack of information or knowledge
as a reason for failure to admit or deny unless the party states that he
or she has made reasonable inquiry and that the information known or
readily obtainable by him or her is insufficient to enable the party to
admit or deny.
(d) The party who has requested the admissions may move to determine
the sufficiency of the answers or objections. Unless the administrative
law judge determines that an objection is justified, he or she shall
order that an answer be served. If the administrative law judge
determines that an answer does not comply with the requirements of this
section, he or she may order either that the matter is admitted or that
an amended answer be served. The administrative law judge may, in lieu
of these orders, determine that final disposition of the request be made
at a prehearing conference or at a designated time prior to hearing.
(e) Any matter admitted under this section is conclusively
established unless the administrative law judge on motion permits
withdrawal or amendment of the admission.
(f) Any admission made by a party under this section is for the
purpose of the pending action only and is not an admission by him or her
for any other purpose nor may it be used against him or her in any other
proceeding.
(g) A copy of each request for admission and each written response
shall be served on all parties, but shall not be filed with the Office
of Administrative Law Judges unless the presiding judge so orders, the
document is being offered into evidence, the document is submitted in
support of a motion or a response to a motion, filing is required by a
specialized rule, or there is some other compelling reason for its
submission.
[48 FR 32538, July 15, 1983, as amended at 59 FR 41877, Aug. 15, 1994]
