---
kind: "section"
citation: "34 C.F.R. § 21.41"
title: "34"
number: "21.41"
heading: "Answer to application."
url: "https://uscodex.org/cfr/34/21.41"
---

# §21.41. Answer to application.

- (a)
  - (1) Within 30 days after receiving an application for an award under this part, the Department's counsel may file an answer to the application.
  - (2) The Department's counsel may request an extension of time for filing the Department's answer.
  - (3) The adjudicative officer shall grant the request for an extension if the Department's counsel shows good cause for the request.
- (b)
  - (1) **The Department's answer must—**
    - (i) Explain any objections to the award requested; and
    - (ii) **Identify the facts relied on in support of the position of the Department.**
  - (2) If the answer is based on any alleged facts not in the record of the adversary adjudication, the Department's counsel shall include with the answer either—
    - (i) Supporting affidavits; or
    - (ii) A request for further proceedings under [§ 21.44](/cfr/34/21.44.md).
- (c)
  - (1) If the Department's counsel and the applicant believe that the issues in the application can be settled, they may jointly file a statement of their intent to negotiate a settlement.
  - (2)
    - (i) **The filing of a statement of an intent to negotiate extends the time for filing an answer for 30 days.**
    - (ii) The adjudicative officer shall grant further extensions if the Department's counsel and the applicant jointly request those extensions.

## Notes

### Authority

Authority: 5 U.S.C. 504, unless otherwise noted.

### Source

Source: 58 FR 47192, Sept. 7, 1993, unless otherwise noted.