[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.22]

[Page 355]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 305_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS 
AGAINST THE SUPERFUND--Table of Contents
 
                     Subpart C_Prehearing Procedures
 
Sec.  305.22  Answer to the request for a hearing.

    (a) General. The Claims Official shall file an original and one copy 
of a written answer to the Request for a Hearing with the Hearing Clerk 
when he: contests any material fact upon which the Request for a Hearing 
is based; contends that the amount of money demanded in the Request for 
a Hearing is inappropriate; or contends that he is entitled to judgment 
as a matter of law. Any such answer to the Request for a Hearing must be 
filed with the Hearing Clerk and served on all parties within 15 days 
after the Presiding Officer has assumed jurisdiction over the case as 
provided by Sec.  305.4(d).
    (b) Contents of the answer. The answer shall clearly and directly 
admit, deny, or explain each of the factual allegations in the Request 
for a Hearing with regard to which the Claims Official has any 
knowledge. When the Claims Official has no knowledge of a particular 
allegation and so states, the allegation is deemed denied. The answer 
shall also state:
    (1) The circumstances or arguments which are alleged to constitute 
the grounds of defense; and
    (2) The facts which the Claims Official intends to place at issue.
    (c) Failure to admit, deny, or explain. Failure of the Claims 
Official to admit, deny or explain any material factual allegation 
contained in the claim constitutes an admission of the allegation.
    (d) Amendment of the answer. The Claims Official may amend the 
answer to the Request for a Hearing upon motion granted by the Presiding 
Officer.