[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR202.106]



[Page 35-36]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS

AND STOCKYARDS ACT--Table of Contents

 

Sec. 202.106  Rule 6: Answer.



    (a) Filing and service. Within 20 days after service on a 

respondent, of a complaint or amendment of a complaint, such person 

shall file an answer in writing, signed by such person or by the 

attorney or representative of such person. If a respondent desires an 

oral hearing, a request for it should be included with the answer of 

such person. If any answer or amended answer is filed, it shall be 

served on the complainant.

    (b) Required contents. If a respondent desires to make a defense, 

the answer of such person shall contain a precise statement of the facts 

which constitute the grounds of defense, and shall specifically admit, 

deny, or explain each of the allegations of the complaint, except that, 

if the respondent is without knowledge, such answer shall state that. If 

a respondent does not desire to make a defense, the answer of such 

person shall contain an admission of all the allegations of the 

complaint, or an



[[Page 36]]



admission of liability to the complainant in the full amount claimed by 

the complainant as reparation, or both. An answer may be stricken for 

failure to comply with these requirements; notice of an order so 

striking an answer shall be served on the parties; within 20 days after 

service on a respondent of such a notice, such person shall file an 

answer which complies with these requirements.

    (c) Setoff, counterclaim or cross-claim. The answer may assert a 

setoff, counterclaim, or cross-claim, or any combination thereof. No 

counterclaim or cross-claim shall be considered unless it is based on a 

violation for which the act authorizes reparation to be ordered to be 

paid, and filed within 90 days after accrual of the cause of action 

alleged therein: Provided, That a counterclaim not filed within such 

time limit may be considered if based on a transaction complained of in 

the complaint. Any cross-claim asserted against a co-respondent, based 

on a violation for which the act authorizes reparation to be ordered to 

be paid, and filed within 90 days after accrual of the cause of action 

alleged therein, shall be served on such person as a complaint; within 

20 days after such service, such person shall file an answer thereto in 

compliance with the above requirements for an answer to a complaint.

    (d) Failure to file. If a respondent fails to file an answer as 

required above, such persons shall be deemed to have admitted all the 

allegations of the complaint or cross-claim against such person, and to 

have consented to the issuance of a final order in the proceeding, based 

on all evidence in the record. For this purpose, the evidence in the 

record may include information contained in a report of investigation 

made a part of the record pursuant to rule 4(c), Sec. 202.104(c), and 

evidence received in a hearing, oral or written, held subsequent to the 

expiration of the time for filing such answer, but shall not be limited 

to such information and evidence. Such a respondent shall not be 

entitled to service provided in these rules, of any notice or document 

except the final order in the proceeding.