---
kind: "section"
citation: "45 C.F.R. § 1174.9"
title: "45"
number: "1174.9"
heading: "Answer to a complaint."
url: "https://uscodex.org/cfr/45/1174.9"
---

# §1174.9. Answer to a complaint.

- (a) A defendant may file an answer with the reviewing official within thirty days of service of the complaint. An answer will be considered a request for an oral hearing.
- (b) **In the answer, the defendant—**
  - (1) Must admit or deny each allegation of liability contained in the complaint (a failure to deny an allegation is considered an admission);
  - (2) Must state any defense on which the defendant intends to rely;
  - (3) May state any reasons why the penalties, assessments, or both should be less than the statutory maximum; and
  - (4) Must state the name, address, and telephone number of the person the defendant authorized to act as the defendant's representative, if any.
- (c) If the defendant is unable to file a timely answer which meets the requirements set forth in [paragraph (b)](#b) of this section, the defendant may file with the reviewing official a general answer denying liability, requesting a hearing, and requesting an extension of time in which to file a complete answer. The defendant must file a general answer within thirty days of service of the complaint.
- (d) If the defendant initially files a general answer requesting an extension of time, the reviewing official must promptly file with the ALJ the complaint, the general answer, and the request for an extension of time.
- (e) For good cause shown, the ALJ may grant the defendant up to thirty additional days within which to file an answer that meets the requirements of [paragraph (b)](#b) of this section. The defendant must file such an answer with the ALJ and must serve a copy on the reviewing official.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).

### Source

Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.