---
kind: "section"
citation: "28 C.F.R. § 71.9"
title: "28"
number: "71.9"
heading: "Answer."
url: "https://uscodex.org/cfr/28/71.9"
---

# §71.9. Answer.

- (a) The defendant may request a hearing by filing an answer with the reviewing official within 30 days of service of the complaint. An answer shall be deemed to be a request for hearing.
- (b) In the answer, the defendant
  - (1) Shall admit or deny each of the allegations of liability made in the complaint;
  - (2) Shall state any defense on which the defendant intends to rely;
  - (3) May state any reasons why the defendant contends that the penalties and assessments should be less than the statutory maximum; and
  - (4) Shall state the name, address, and telephone number of the person authorized by the defendant to act as defendant's representative, if any.
- (c) If the defendant is unable to file an answer meeting the requirements of [paragraph (b)](#b) of this section within the time provided, the defendant may, before the expiration of 30 days from service of the complaint, file with the reviewing official a general answer denying liability and requesting a hearing, and a request for an extension of time within which to file an answer meeting the requirements of [paragraph (b)](#b) of this section. The reviewing official shall file promptly with the ALJ the complaint, the general answer denying liability, and the request for an extension of time as provided in [§ 71.11](/cfr/28/71.11.md). For good cause shown, the ALJ may grant the defendant up to 30 additional days within which to file an answer meeting the requirements of [paragraph (b)](#b) of this section.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1268-88, 53 FR 11646, Apr. 8, 1988, unless otherwise noted.