Section 910 IAC 1-2-7 - Answers; relief; time limits; default; repliesAuthority: IC 22-9-1-6
Affected: IC 22-9-1
Sec. 7.
(a) A respondent may choose not to file an answer and, in the alternative, may grant relief to a complainant within twenty (20) days after service upon the respondent of a copy of the complaint. If a complainant accepts the offer of relief and the relief offered is acceptable to the commission as a just resolution of the complaint, such complaint will be dismissed subject to full performance by the respondent of the terms of the respondent's proposed offer.(b) A respondent may answer by filing an answer to the complaint in accordance with this section. An answer shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the allegations set forth in the complaint. If, in good faith, the respondent intends to deny all the allegations in the complaint, the respondent must do so subject to verification under oath. In lieu of a general denial, the respondent may:(1) specifically deny designated allegations or paragraphs; or(2) generally deny all allegations, except such allegations and paragraphs as expressly admitted. If the respondent lacks knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent shall so state and such statement will be considered a denial. If the respondent intends to deny only a part or qualify an allegation, the respondent shall specify so much of it as is true and material and deny the remainder. All denials shall meet the substance of the allegations denied. Allegations in a complaint, except those pertaining to amount of damages, are admitted when not denied in an answer.
(c) An answer shall be in writing and signed by the respondent or the respondent's duly authorized representative and shall be filed with the commission within twenty (20) days after service upon the respondent of a copy of the complaint.(d) If a respondent fails to grant immediate relief pursuant to subsection (a) and the respondent fails to file an answer to the complaint within twenty (20) days after service upon such respondent of a copy of the complaint, the commission will deem this failure to answer an admission to the truth of the allegations set forth in the complaint and, upon its own motion or the motion of any party in accordance with this article, the commission may issue an order by default.(e) Any new allegation raised in an answer shall be deemed denied without the necessity of a reply.(f) Upon application, the chair, vice chair of the commission, or, if both are unavailable, any commissioner, for good cause shown, may extend the time within which the answer may be filed.Civil Rights Commission; Rule 2, Sec 2.7; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 199; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1387; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA