Ill. Admin. Code tit. 56 § 5300.640

Current through Register Vol. 48, No. 49, December 6, 2024

Section 5300.640 - Answer

a) Time of Filing - Each Respondent shall file an answer to the Complaint within thirty (30) days of the date of service of the Complaint, but the Administrative Law Judge to whom the Complaint is assigned may, upon motion and for good cause shown, grant further time for the filing of an answer. In the event a Respondent files a motion to dismiss the Complaint within the said thirty (30) days and said motion is denied, such Respondent shall have fifteen (15) days from the date of service of an order of denial within which to file its answer. In addition, the Administrative Law Judge may require a Respondent to file an answer or supplemental answer within a reasonable time following an amendment to the Complaint.

b) Service - An answer, supplemental answer, or motion to dismiss or response thereto, shall be served upon all Parties, and upon the Department to the attention of its General Counsel.

c) Contents - The answer shall be in writing and signed under oath or affirmation, and shall contain:

1) A specific admission or denial of, or assertion that the Respondent is without sufficient knowledge or information to form a belief with respect to, each and every allegation of the Complaint;

2) A statement of any matter constituting a defense against any allegations of the Complaint;

3) The name, post office address and telephone number of Respondent and Respondent's counsel.

d) Failure To Deny Allegation - Any allegation in the Complaint which is not denied or admitted in the answer shall be deemed admitted, unless the Respondent shall state in the answer that it is without sufficient knowledge or information to form a belief with respect to such allegation.

e) New Matter in Answer - Any allegation of new matter contained in the answer shall be deemed denied without the necessity of a reply thereto being filed, unless a reply is ordered by the Administrative Law Judge conducting the hearing.

f) Failure to File Answer - The failure of a Respondent to file an answer to the Complaint as hereinabove provided shall be deemed to constitute an admission of the allegations contained in the Complaint.

Ill. Admin. Code tit. 56, § 5300.640

Amended at 16 Ill. Reg. 7838, effective June 1, 1992