[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR31.9]

[Page 363]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 31_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  31.9  Answer.

    (a) The defendant may request a hearing by serving an answer on the 
reviewing official within 30 days of service of the complaint. Service 
of an answer shall be made by delivering a copy to the reviewing 
official or by placing a copy in the United States mail, postage prepaid 
and addressed to the reviewing official. Service of an answer is 
complete upon such delivery or mailing. An answer shall be deemed to be 
a request for hearing.
    (b) In the answer, the defendant--
    (1) Shall admit or deny each of the allegations of liability made in 
the complaint;
    (2) Shall state any defense on which the defendant intends to rely;
    (3) May state any reasons why the defendant contends that the 
penalties and assessments should be less than the statutory maximum; and
    (4) Shall state the name, address, and telephone number of the 
person authorized by the defendant to act as defendant's representative, 
if any.
    (c) If the defendant is unable to file an answer meeting the 
requirements of paragraph (b) of this section within the time provided, 
the defendant may, before the expiration of 30 days from service of the 
complaint, serve on the reviewing official a general answer denying 
liability and requesting a hearing, and a request for an extension of 
time within which to serve an answer meeting the requirements of 
paragraph (b) of this section. The reviewing official shall file 
promptly the complaint, the general answer denying liability, and the 
request for an extension of time as provided in Sec.  31.11. For good 
cause shown, the ALJ may grant the defendant up to 30 additional days 
from the original due date within which to serve an answer meeting the 
requirements of paragraph (b) of this section.