N.Y. Comp. Codes R. & Regs. tit. 12, § 252.25 – Answer; motion for particularization; filing; service. | Midpage
§ 252.25
N.Y. Comp. Codes R. & Regs. tit. 12, § 252.25
Answer; motion for particularization; filing; service.
Department of Labor
(a) The party or parties against whom the charge is filed shall have the right to file an answer within 10 working days after receipt of the charge from the director. Upon application the director or administrative law judge may extend the time within which the answer shall be filed. One copy of the answer shall be served on each party and the original with proof of due service and three copies shall be filed with the director.
(b) If the charge is believed by a responding party to be so vague and indefinite that it cannot reasonably be required to frame an answer, the responding party may, within 10 working days after receipt from the director of a copy of the charge, file an original and three copies of a motion with the administrative law judge for an order directing the charging party to file a verified statement supplying specified information. The filing of such motion will extend the time during which the responding party must file and serve its answer until 10 working days after receipt of the ruling of the administrative law judge on the motion, or until such later date as the administrative law judge may set. Such a motion must be served upon all parties simultaneously with its filing with the administrative law judge; proof of service must accompany the filing of the motion with the administrative law judge. The charging party may file an original and three copies of a response to the motion within seven working days after its receipt thereof, with proof of service of a copy of the response on all other parties. The failure of a party to timely comply with an order of particularization may, in the discretion of the administrative law judge, constitute ground for precluding the party from offering any evidence as to the matters dealt with by the order.