---
kind: "section"
citation: "5 C.F.R. § 185.109"
title: "5"
number: "185.109"
heading: "Answer."
url: "https://uscodex.org/cfr/5/185.109"
---

# §185.109. Answer.

- (a) The defendant may request a hearing in the answer filed with the reviewing official within 30 days of service of the complaint.
- (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 [§ 185.110](/cfr/5/185.110.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. The ALJ shall decide expeditiously whether the dependent shall be granted an additional period of time to file such answer.

## Notes

### Authority

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 60 FR 7891, Feb. 10, 1995, unless otherwise noted.