[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.9]

[Page 221-222]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.9  Responsive pleadings--answer.

    (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 may be deemed to constitute a waiver of his or her right 
to appear and contest the allegations of the complaint. The 
Administrative Law Judge may enter a judgment by default.
    (c) Answer. 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. The 
answer shall include:
    (1) 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

[[Page 222]]

have the effect of a denial (any allegation not expressly denied shall 
be deemed to be admitted); and
    (2) A statement of the facts supporting each affirmative defense.
    (d) Reply. Complainants may file a reply responding to each 
affirmative defense asserted.
    (e) Amendments and supplemental pleadings. If a 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 and other pleadings at any 
time prior to the issuance of the Administrative Law Judge's final order 
based on the 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 the pleading 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 that have occurred or new law 
promulgated since the date of the pleadings and which are relevant to 
any of the issues involved.

[Order No. 2203-99, 64 FR 7075, Feb. 12, 1999]