[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: 45CFR81.77]



[Page 328]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 81_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 80 OF THIS 

TITLE--Table of Contents

 

                      Subpart H_Hearing Procedures

 

Sec.  81.77  Admissions as to facts and documents.



    Not later than 15 days prior to the scheduled date of the hearing 

except for good cause shown, or prior to such earlier date as the 

presiding officer may order, any party may serve upon an opposing party 

a written request for the admission of the genuineness and authenticity 

of any relevant documents described in and exhibited with the request, 

or for the admission of the truth of any relevant matters of fact stated 

in the request. Each of the matters of which an admission is requested 

shall be deemed admitted, unless within a period designated in the 

request (not less than 10 days after service thereof, or within such 

further time as the presiding officer or the reviewing authority if no 

presiding officer has yet been designated may allow upon motion and 

notice) the party to whom the request is directed serves upon the 

requesting party a sworn statement either denying specifically the 

matters of which an admission is requested or setting forth in detail 

the reasons why he cannot truthfully either admit or deny such matters. 

Copies of requests for admission and answers thereto shall be served on 

all parties. Any admission made by a party to such request is only for 

the purposes of the pending proceeding, or any proceeding or action 

instituted for the enforcement of any order entered therein, and shall 

not constitute and admission by him for any other purpose or be used 

against him in any other proceeding or action.