Current through Register Vol. 54, No. 45, November 9, 2024
Section 42.33 - Effect of answer and new matter; effect of failure to file answer;(a) An allegation of new matter contained in the answer, including the alleged facts underlying defenses raised, will be deemed denied without the necessity of a reply.(b) Averments of fact in the complaint are admitted if not denied specifically or by necessary implication in a timely answer. A statement by the respondent in the answer that after reasonable investigation the respondent is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial.(c) If the Commission staff determines that a complaint sets forth sufficient facts to raise an inference of unlawful discrimination under the act, and the respondent has failed to deny these facts in an answer, or has failed to file a timely answer, the staff may petition the Commission, through the appropriate motions commissioner or examiner, for a rule to show cause why this failure should not result in a finding of probable cause, and a judgment for the complainant on the issue of liability. If the Commission staff fails to file a petition within 10 days of the respondent's failure to file a timely answer, including extensions granted under § 42.31 (relating to commencement of proceedings by complaint and answer under the acts), the complainant may, thereafter, also file a petition. The Commissioner or examiner will then cause the rule to be issued and served on the respondent for a reply.(d) Upon consideration of the petition, replies to the rule to show cause, and other information as the motions commissioner or examiner may deem necessary or appropriate, the commissioner or examiner will do one of the following: (1) For good cause, permit an otherwise untimely answer, which has been filed and is well pled, to stand, and return the case to the staff for further appropriate action.(2) Order an answer to be filed by a date certain, with the failure to file resulting in an appropriate order or recommendation under paragraph (3) or (4).(3) Return the case to the staff for further appropriate action, if the complaint does not appear to set forth sufficient facts to raise an inference of unlawful discrimination.(4) Recommend to the Commission a finding of probable cause, and the entry of a judgment for the complainant on the issue of liability, to be followed by a public hearing on the issue of damages if conciliation efforts fail.(e) Subsections (a)-(d) supersede 1 Pa. Code §35.35 (relating to answers to complaints and petitions).The provisions of this §42.33 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909. This section cited in 16 Pa. Code § 42.31 (relating to commencement of proceedings by complaint and answer under the acts).