(a) Time for answer. Within thirty (30) days after the service of a
complaint, each respondent shall file an answer.
(b) Default. Failure of the respondent to file an answer within the
time provided shall be deemed to constitute a waiver of his right to
appear and contest the allegations of the complaint and to authorize the
administrative law judge to find the facts as alleged in the complaint
and to enter an initial or final decision containing such findings,
appropriate conclusions, and order.
(c) Signature required. Every answer filed pursuant to these rules
shall be signed by the party filing it or by at least one attorney, in
his or her individual name, representing such party. The signature
constitutes a certificate by the signer that he or she has read the
answer; that to the best of his or her knowledge, information and belief
there is good ground to support it; and that it is not interposed for
delay.
(d) Content of answer--(1) Orders to show cause. Any person to whom
an order to show cause has been directed and served shall respond to the
same by filing an answer in writing. Arguments opposing the proposed
sanction should be supported by reference to specific circumstances or
facts surrounding the basis for the order to show cause.
(2) Complaints. Any respondent contesting any material fact alleged
in a complaint, or contending that the amount of a proposed penalty or
award is excessive or inappropriate or contending that he or she is
entitled to judgment as a matter of law, shall file an answer in
writing. An answer shall include:
(i) A statement that the respondent admits, denies, or does not have
and is unable to obtain sufficient information to admit or deny each
allegation; a statement of lack of information shall have the effect of
a denial; any allegation not expressly denied shall be deemed to be
admitted;
(ii) A statement of the facts supporting each affirmative defense.
(e) Amendments and supplemental pleadings. If and whenever
determination of a controversy on the merits will be facilitated
thereby, the administrative law judge may, upon such conditions as are
necessary to avoid prejudicing the public interest and the rights of the
parties, allow appropriate amendments to complaints, answers, or other
pleadings; provided, however, that a complaint may be amended once as a
matter of right prior to the answer, and thereafter if the
administrative law judge determines that the amendment is reasonably
within the scope of the original complaint. When issues not raised by
the pleadings are reasonably within the scope of the original complaint
and are tried by express or implied consent of the parties, they shall
be treated in all respects as
if they had been raised in the pleadings, and such amendments may be
made as necessary to make them conform to the evidence. The
administrative law judge may, upon reasonable notice and such terms as
are just, permit supplemental pleadings setting forth transactions,
occurrences or events which have happened since the date of the
pleadings and which are relevant to any of the issues involved.
