[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR47.8]

[Page 295-296]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.8  The answer.

    (a) Filing and service. Within 20 days after service of the formal 
complaint, unless extension of time has been requested and granted, the 
respondent may file with the Fruit and Vegetable Programs, an answer, in 
triplicate, signed by the respondent or his attorney. A copy of the 
answer shall be served upon the complainant by the Fruit and Vegetable 
Programs as provided in Sec. 47.4. If the answer includes a 
counterclaim, the answer shall be accompanied by the $300 handling fee 
required by the Act for formal complaints.
    (b) Contents. Such answer shall contain (1) a precise statement of 
the facts which constitute the grounds of defense, including any set-off 
or counterclaim, and shall specifically admit, deny, or explain each of 
the allegations of the complaint, unless respondent is without 
knowledge, in which case the answer shall so state; or (2) a statement 
that the respondent admits all of the allegations of the complaint; or 
(3) a statement containing an admission of liability in an amount less 
than that

[[Page 296]]

alleged in the complaint (in which event, an order may be made, pursuant 
to section 7(a) of the Act, directing payment of the undisputed amount), 
and a denial, as in paragraph (b)(1) of this section, of liability for 
the remaining amount. The answer may contain a waiver of hearing.
    (c) Failure to file answer; effect of. Failure to file an answer 
within the time prescribed shall constitute a waiver of hearing and an 
admission of the facts alleged in the complaint. If the facts deemed 
admitted are considered insufficient to support the amount of reparation 
sought, the proceeding shall continue on the question of damages only.
    (d) Procedure upon admission of facts. Upon the admission, in the 
answer or by failure to file an answer, of all the material allegations 
of fact contained in the complaint, an order may be issued without 
further procedure, official notice being taken of the license status of 
the respondent and the date of filing of the informal complaint, as 
disclosed by the records of the Department.

[10 FR 2212, Feb. 27, 1945, as amended at 24 FR 10055, Dec. 12, 1959; 64 
FR 38106, July 15, 1999]