[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.6]



[Page 160-161]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.6  Answer.



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

in the complaint to constitute a violation of the Act or regulations; or 

(2) contends that the remedial order proposed in the complaint is 

inappropriate to the violation; or (3) contends that he or she is 

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

answer with the complainant. Any answer must be filed with the 

complainant within twenty (20) days after service of the complaint. 

Initiation of informal conferences with the Agency under Sec.  209.19 

does not add to the twenty (20) day period. The time per iod in which to 

file an answer may be extended by the Administrator upon motion.

    (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. Whenever an 

allegation is denied, the answer shall state briefly the facts upon 

which the denial is based. The answer shall also state (1) whether a 

hearing is requested, (2) the facts respondent intends to place at 

issue, and (3) the circumstances or arguments which are alleged to 

constitute the grounds of defense.

    (c) Hearing upon the issues. A hearing upon the issues raised by the 

complaint and answer shall be held upon written demand of respondent.

    (d) Failure to plead specifically. A respondent's failure to plead 

specifically



[[Page 161]]



to any material factual allegation contained in the complaint shall 

constitute an admission of such allegation.

    (e) Amendment of the answer. The respondent may amend the answer 

upon motion granted by the administrative law judge.