[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.12]

[Page 49-50]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart B_Pleadings
 
Sec. 3.12  Answer.

    (a) Time for filing. A respondent shall file an answer within twenty 
(20) days after being served with the complaint; Provided, however, That 
the filing of a motion permitted under these Rules shall alter this 
period of time as follows, unless a different time is fixed by the 
Administrative Law Judge:
    (1) If the motion is denied, the answer shall be filed within ten 
(10) days after service of the order of denial or thirty (30) days after 
service of the complaint, whichever is later;
    (2) If a motion for more definite statement of the charges is 
granted, in whole or in part, the more definite statement of the charges 
shall be filed within ten (10) days after service of the order granting 
the motion and the answer shall be filed within ten (10) days after 
service of the more definite statement of the charges.
    (b) Content of answer. An answer shall conform to the following:
    (1) If allegations of complaint are contested. An answer in which 
the allegations of a complaint are contested shall contain:
    (i) A concise statement of the facts constituting each ground of 
defense;
    (ii) Specific admission, denial, or explanation of each fact alleged 
in the complaint or, if the respondent is without knowledge thereof, a 
statement to that effect. Allegations of a complaint not thus answered 
shall be deemed to have been admitted.
    (2) If allegations of complaint are admitted. If the respondent 
elects not to contest the allegations of fact set forth in the 
complaint, his answer shall consist of a statement that he admits all of 
the material allegations to be true. Such an answer shall constitute a 
waiver of hearings as to the facts alleged in the complaint, and 
together with the complaint will provide a record basis on which the 
Administrative Law Judge shall file an initial decision containing 
appropriate findings and conclusions and an appropriate order disposing 
of the proceeding. In such an answer, the respondent may, however, 
reserve the right to submit proposed findings and conclusions under 
Sec. 3.46 and the right to appeal the initial decision to the 
Commission under Sec. 3.52.
    (c) Default. Failure of the respondent to file an answer within the 
time provided shall be deemed to constitute a

[[Page 50]]

waiver of the respondent's right to appear and contest the allegations 
of the complaint and to authorize the Administrative Law Judge, without 
further notice to the respondent, to find the facts to be as alleged in 
the complaint and to enter an initial decision containing such findings, 
appropriate conclusions, and order.

[32 FR 8449, June 13, 1967, as amended at 50 FR 53305, Dec. 31, 1985; 61 
FR 50646, Sept. 26, 1996; 66 FR 17628, Apr. 3, 2001; 66 FR 20527, Apr. 
23, 2001]