---
kind: "section"
citation: "45 C.F.R. § 681.9"
title: "45"
number: "681.9"
heading: "How does a defendant respond to the complaint?"
url: "https://uscodex.org/cfr/45/681.9"
---

# §681.9. How does a defendant respond to the complaint?

- (a) A defendant may file an answer with the reviewing official within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.
- (b) **In the answer, a defendant—**
  - (1) Must admit or deny each of the allegations 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 he or she believes 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 authorized by the defendant 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. A general answer must be filed within 30 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 30 additional days within which to file an answer meeting the requirements of [paragraph (b)](#b) of this section. Such answer must be filed with the ALJ and a copy must be served on the reviewing official.

## Notes

### Source

Source: 74 FR 26794, June 4, 2009, unless otherwise noted.