- A. A respondent shall file a written response to the statement of charges.
B. Time for Filing.
(1) Unless the Agency has issued a cease and desist order under Commercial Law Article, §13-403(d) or 14-12B-08(a), Annotated Code of Maryland, without first conducting a hearing, the respondent shall file the response:
- (a) Within 20 days of service of the statement of charges; and
- (b) Within 20 days of service of an amended statement of charges if a respondent wishes to contest new facts or allegations introduced in the amended statement of charges.
- (2) If the Agency has issued a cease and desist order under Commercial Law Article, §13-403(d) or 14-12B-08(a), Annotated Code of Maryland, and if a hearing is requested, the respondent shall file the response with the request for hearing.
C. Content. The respondent shall state in the response all affirmative and negative defenses, and shall:
- (1) Admit or deny each allegation in the statement of charges;
- (2) Generally deny all allegations in the statement of charges except for those allegations that are specifically admitted; or
- (3) State that the respondent is without knowledge or information sufficient to form a belief concerning the truth of any allegation, which statement has the effect of a denial.
- D. Effect of Failure to Deny. Unless denied in a timely-filed response, allegations are admitted.
- E. Effect of Failure to File Response. Failure to timely file a response may be grounds for issuance of a default order under Regulation .17 of this chapter.
Authority: State Government Article, §10-206(b);
Commercial Law Article, §§13-204(12), 13-205(a), and 13-403; Annotated Code of Maryland
Effective date: July 23, 1975 (2:16 Md. R. 1137)
Regulations .01—.16 repealed and new Regulations .01—.24 adopted effective January 31, 2005 (32:2 Md. R. 145)
Regulation .04C amended effective January 26, 2009 (36:2 Md. R. 99)
Annotation: COMAR 02.01.02.12 and 02.01.02.14 cited in Consumer Protection Division v. Consumer Publishing Co., 304 Md. 731 (1985)