---
kind: "section"
citation: "40 C.F.R. § 305.22"
title: "40"
number: "305.22"
heading: "Answer to the request for a hearing."
url: "https://uscodex.org/cfr/40/305.22"
---

# §305.22. Answer to the request for a hearing.

- (a) **General.** The Claims Official shall file an original and one copy of a written answer to the Request for a Hearing with the Hearing Clerk when he: contests any material fact upon which the Request for a Hearing is based; contends that the amount of money demanded in the Request for a Hearing is inappropriate; or contends that he is entitled to judgment as a matter of law. Any such answer to the Request for a Hearing must be filed with the Hearing Clerk and served on all parties within 15 days after the Presiding Officer has assumed jurisdiction over the case as provided by [§ 305.4(d)](/cfr/40/305.4.md?p=d).
- (b) **Contents of the answer.** The answer shall clearly and directly admit, deny, or explain each of the factual allegations in the Request for a Hearing with regard to which the Claims Official has any knowledge. When the Claims Official has no knowledge of a particular allegation and so states, the allegation is deemed denied. The answer shall also state:
  - (1) The circumstances or arguments which are alleged to constitute the grounds of defense; and
  - (2) **The facts which the Claims Official intends to place at issue.**
- (c) **Failure to admit, deny, or explain.** Failure of the Claims Official to admit, deny or explain any material factual allegation contained in the claim constitutes an admission of the allegation.
- (d) **Amendment of the answer.** The Claims Official may amend the answer to the Request for a Hearing upon motion granted by the Presiding Officer.

## Notes

### Authority

Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp. p. 193.

### Source

Source: 58 FR 7706, Feb. 8, 1993, unless otherwise noted.