[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR13.23]



[Page 70-71]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 13_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY 

PROCEEDINGS--Table of Contents

 

            Subpart C_Procedures for Considering Applications

 

Sec.  13.23  Responsive pleadings.



    (a) The agency's litigating party shall file an answer within 30 

calendar days after service of the application or, where the proceeding 

is stayed as provided in Sec.  13.22(d) of this part, within 30 calendar 

days after the final disposition of the underlying controversy. The 

answer shall either consent to the



[[Page 71]]



award or explain in detail any objections to the award requested and 

identify the facts relied on in support of the agency's position. The 

adjudicative officer may for good cause grant an extension of time for 

filing an answer.

    (b) Within 15 calendar days after service of an answer, the 

applicant may file a reply. If the reply is based on any alleged facts 

not already in the record of the proceeding, the applicant shall include 

with the reply either supporting affidavits or a request for further 

proceedings under Sec.  13.25.

    (c) Any party to or participant in a proceeding may file comments on 

an application within 30 calendar days, or on an answer within 15 

calendar days after service of the application or answer.



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]