[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.15]

[Page 249]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                     Subpart C_Prehearing Procedures
 
Sec. 22.15  Answer to the complaint.

    (a) General. Where respondent: Contests any material fact upon which 
the complaint is based; contends that the proposed penalty, compliance 
or corrective action order, or Permit Action, as the case may be, is 
inappropriate; or contends that it is entitled to judgment as a matter 
of law, it shall file an original and one copy of a written answer to 
the complaint with the Regional Hearing Clerk and shall serve copies of 
the answer on all other parties. Any such answer to the complaint must 
be filed with the Regional Hearing Clerk within 30 days after service of 
the complaint.
    (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. Where 
respondent has no knowledge of a particular factual allegation and so 
states, the allegation is deemed denied. The answer shall also state: 
The circumstances or arguments which are alleged to constitute the 
grounds of any defense; the facts which respondent disputes; the basis 
for opposing any proposed relief; and whether a hearing is requested.
    (c) Request for a hearing. A hearing upon the issues raised by the 
complaint and answer may be held if requested by respondent in its 
answer. If the respondent does not request a hearing, the Presiding 
Officer may hold a hearing if issues appropriate for adjudication are 
raised in the answer.
    (d) Failure to admit, deny, or explain. Failure of respondent to 
admit, deny, or explain any material factual allegation contained in the 
complaint constitutes an admission of the allegation.
    (e) Amendment of the answer. The respondent may amend the answer to 
the complaint upon motion granted by the Presiding Officer.