N.Y. Comp. Codes R. & Regs. tit. 9 § 465.11

Current through Register Vol. 46, No. 43, October 23, 2024

Section 465.11 - Notice of hearing and answer

A notice of hearing together with the complaint as amended shall be served as provided in section 297.4(a) of the New York State Human Rights Law.

(a) Time of filing an answer. At least two business days prior to the hearing, the respondent shall, and any necessary party may, file a written answer to the complaint, sworn to subject to the penalties of perjury.

(b) Place and manner of filing of answer. The answer must be filed with the division in triplicate in the office of the general counsel of the division, and a copy served upon each attorney of record and upon each party not represented by an attorney.

(c) Form of answer.

(1) The answer shall be in writing, the original being signed and sworn to subject to the penalties of perjury. The answer shall contain the party's address, telephone number and, if made by an attorney, the name and post-office address and telephone number of said attorney.

(2) The answer shall contain a separate and specific response to each and every particular of the complaint or a denial of any knowledge or information thereof sufficient to form a belief. Any matter constituting an affirmative defense, including lack of jurisdiction, shall be stated separately and with particularity in the answer.

(3) Any allegation in the complaint which is not denied shall be deemed admitted.

(d) Amendment of answer. A party shall have the power reasonably and fairly to amend its answer, subject to the discretion of the administrative law judge.

(e) Default. If the respondent fails to answer the complaint, the administrative law judge may enter the default, and the hearing shall proceed on the evidence in support of the complaint. Upon application, the administrative law judge or chief administrative law judge may, for good cause shown, open a default in answering, upon equitable terms and conditions, including the taking of an oral answer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.11