[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR202.106]

[Page 35-36]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 
       (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE
 
PART 202--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT--Table of Contents
 
Sec. 202.106  Rule 6: Answer.

    (a) Filing and service. Within 20 days after service on a 
respondent, of a complaint or amendment of a complaint, such person 
shall file an answer in writing, signed by such person or by the 
attorney or representative of such person. If a respondent desires an 
oral hearing, a request for it should be included with the answer of 
such person. If any answer or amended answer is filed, it shall be 
served on the complainant.
    (b) Required contents. If a respondent desires to make a defense, 
the answer of such person shall contain a precise statement of the facts 
which constitute the grounds of defense, and shall specifically admit, 
deny, or explain each of the allegations of the complaint, except that, 
if the respondent is without knowledge, such answer shall state that. If 
a respondent does not desire to make a defense, the answer of such 
person shall contain an admission of all the allegations of the 
complaint, or an admission of liability to the complainant in the full 
amount claimed by the complainant as reparation, or both. An answer may 
be stricken for failure to comply with these requirements; notice of an 
order so striking an answer shall be served on the parties; within 20 
days after service on a respondent of such a notice, such person shall 
file an answer which complies with these requirements.

[[Page 36]]

    (c) Setoff, counterclaim or cross-claim. The answer may assert a 
setoff, counterclaim, or cross-claim, or any combination thereof. No 
counterclaim or cross-claim shall be considered unless it is based on a 
violation for which the act authorizes reparation to be ordered to be 
paid, and filed within 90 days after accrual of the cause of action 
alleged therein: Provided, That a counterclaim not filed within such 
time limit may be considered if based on a transaction complained of in 
the complaint. Any cross-claim asserted against a co-respondent, based 
on a violation for which the act authorizes reparation to be ordered to 
be paid, and filed within 90 days after accrual of the cause of action 
alleged therein, shall be served on such person as a complaint; within 
20 days after such service, such person shall file an answer thereto in 
compliance with the above requirements for an answer to a complaint.
    (d) Failure to file. If a respondent fails to file an answer as 
required above, such persons shall be deemed to have admitted all the 
allegations of the complaint or cross-claim against such person, and to 
have consented to the issuance of a final order in the proceeding, based 
on all evidence in the record. For this purpose, the evidence in the 
record may include information contained in a report of investigation 
made a part of the record pursuant to rule 4(c), Sec. 202.104(c), and 
evidence received in a hearing, oral or written, held subsequent to the 
expiration of the time for filing such answer, but shall not be limited 
to such information and evidence. Such a respondent shall not be 
entitled to service provided in these rules, of any notice or document 
except the final order in the proceeding.