[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.54]

[Page 274-275]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
              Subpart D_Prehearing Procedures and Discovery
 
Sec. 2200.54  Requests for admissions.

    (a) Scope. At any time after the filing of the first responsive 
pleading or motion that delays the filing of an answer, such as a motion 
to dismiss, any party may serve upon any other party written requests 
for admissions, for purposes of the pending action only, of the 
genuineness and authenticity of any document described in or attached to 
the requests, or of the truth of any specified matter of fact. Each 
matter of which an admission is requested shall be separately set forth. 
The number of requested admissions shall not exceed 25, including 
subparts, without an order of the Commission or Judge. The party seeking 
to serve more than 25 requested admissions, including subparts, shall 
have the burden of persuasion to establish that the complexity of the 
case or the number of citation items necessitates a greater number of 
requested admissions. The original of the request shall be filed with 
the Judge.
    (b) Response to requests. Each matter is deemed admitted unless, 
within 30 days after service of the requests or within such shorter or 
longer time as the Commission or Judge may allow, the party to whom the 
requests are directed serves upon the requesting party:
    (1) A written answer specifically admitting or denying the matter 
involved in whole or in part, or asserting that it cannot be truthfully 
admitted or denied and setting forth in detail the reasons why this is 
so, or
    (2) An objection, stating in detail the reasons therefor.

The response shall be made under oath or affirmation and signed by the 
party or his representative. The original shall be filed with the Judge.
    (c) Effect of admission. Any matter admitted under this section is 
conclusively established unless the Judge or Commission on motion 
permits withdrawal or modification of the admission. Withdrawal or 
modification may be permitted when the presentation of the merits of the 
case will be subserved thereby, and the party who obtained the admission 
fails to satisfy the Commission or Judge that the withdrawal or 
modification will prejudice him in

[[Page 275]]

presenting his case or defense on the merits.

    Effective Date Note: At 70 FR 22790, May 3, 2005, Sec. 2200.54 was 
amended by revising paragraphs (a) and (b), effective Aug. 1, 2005. At 
70 FR 25652, May 13, 2005, technical corrections were incorporated. For 
the convenience of the user, the revised text is set forth as follows:

Sec. 2200.54  Request for admissions.

    (a) Scope. At any time after the filing of the first responsive 
pleading or motion that delays the filing of an answer, such as a motion 
to dismiss, any party may serve upon any other party written requests 
for admissions, for purposes of the pending action only, of the 
genuineness and authenticity of any document described in or attached to 
the requests, or of the truth of any specified matter of fact. Each 
matter of which an admission is requested shall be separately set forth. 
The number of requested admissions shall not exceed 25, including 
subparts, without an order of the Commission or Judge. The party seeking 
to serve more than 25 requested admissions, including subparts, shall 
have the burden of persuasion to establish that the complexity of the 
case or the number of citation items necessitates a greater number of 
requested admissions.
    (b) Response to requests. Each matter is deemed admitted unless, 
within 30 days after service of the requests or within such shorter or 
longer time as the Commission or Judge may allow, the party to whom the 
requests are directed serves upon the requesting party a written answer 
specifically admitting or denying the matter involved in whole or in 
part, or asserting that it cannot be truthfully admitted or denied and 
setting forth in detail the reasons why this is so, or an objection, 
stating in detail the reasons therefor. The response shall be made under 
oath or affirmation and signed by the party or his representative.

                                * * * * *