[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.6]

[Page 158-159]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.6  Answer.

    (a) General. Where respondent (1) contests any material fact alleged 
in the complaint to constitute a violation of the Act or regulations; or 
(2) contends that the remedial order proposed in the complaint is 
inappropriate to the violation; or (3) contends that he or she is 
entitled to judgment as a matter of law, he or she shall file a written 
answer with the complainant. Any answer must be filed with the 
complainant within twenty (20) days after service of the complaint. 
Initiation of informal conferences with the Agency under Sec. 209.19 
does not add to the twenty (20) day period. The time period in which to 
file an answer may be extended by the Administrator upon motion.
    (b) Contents of the answer. The answer shall clearly and directly 
admit, deny or explain each of the factual allegations contained in the 
complaint with regard to which respondent has any knowledge. Whenever an 
allegation is denied, the answer shall state briefly the facts upon 
which the denial is based. The answer shall also state (1) whether a 
hearing is requested, (2) the facts respondent intends to place at 
issue, and (3) the circumstances or arguments which are alleged to 
constitute the grounds of defense.
    (c) Hearing upon the issues. A hearing upon the issues raised by the 
complaint and answer shall be held upon written demand of respondent.
    (d) Failure to plead specifically. A respondent's failure to plead 
specifically

[[Page 159]]

to any material factual allegation contained in the complaint shall 
constitute an admission of such allegation.
    (e) Amendment of the answer. The respondent may amend the answer 
upon motion granted by the administrative law judge.