[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.8]



[Page 235]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.8  Answer to the complaint.



    (a) General. Where respondent (1) contests any material fact upon 

which the complaint is based; (2) contends that the amount of the 

penalty proposed in the complaint or the proposed revocation or 

suspension, as the case may be, is inappropriate; or (3) contends that 

he is entitled to judgment as a matter of law, he shall file a written 

answer to the complaint with the Hearing Clerk. Any such answer to the 

complaint must be filed with the Hearing Clerk within twenty (20) 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. If respondent asserts he has no knowledge of a particular 

factual allegation, the allegation is deemed denied. The answer shall 

also state (1) the circumstances or arguments which are alleged to 

constitute the grounds of defense; (2) the facts which respondent 

intends to place at issue; and (3) whether a hearing is requested.

    (c) Request for hearing. A hearing upon the issues raised by the 

complaint and answer shall be held upon request of respondent in the 

answer. The Presiding Officer may deem the right to a hearing waived if 

it is not requested by respondent. In addition, a hearing may be held at 

the discretion of the Presiding Officer, sua sponte, to examine issues 

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.