- A. Within 30 calendar days after the date of service of a notice of an opportunity for a hearing, a respondent who has requested a hearing shall file in the record and serve on the Division an answer to the notice.
B. The answer shall contain the following:
- 1. An admission or denial of each allegation in the notice.
- 2. The original signature of the respondent or the respondent’s attorney.
- C. A statement of a lack of sufficient knowledge or information shall be considered a denial of an allegation.
- D. An allegation not denied shall be considered admitted.
- E. When a respondent intends in good faith to deny only a part or a qualification of an allegation, the respondent shall specify that part or qualification of the allegation and shall admit the remainder.
- F. The respondent waives any affirmative defense not raised in the answer.
- G. The officer presiding over the hearing may grant relief from the requirements of this Section for good cause shown.
- H. The notice of an opportunity for a hearing shall state the requirements with which the person served must comply under this rule.
Historical Note
Adopted effective October 31, 1979 (Supp. 79-5). Amended effective December 21, 1995, under an exemption from the Attorney General approval requirements of the Arizona Administrative Procedure Act (Supp. 95-4). Former Section R14-4-305 renumbered to R14-4-304; new Section R14-4-305 made by final rulemaking at 8 A.A.R. 3729, effective August 6, 2002 (Supp. 02-3). At the request of the Corporation Commission, the preceding entry in this Historical Note is amended: the Commission intended the rulemaking action to reflect that the Section was repealed and a new Section was made at 8 A.A.R. 3729, effective August 6, 2002 (Supp. 02-4).