- (a) The party responding to a petition filed under this chapter shall file a written answer with the office within 30 calendar days after being served with such petition. For purposes of this section and §249.26 of this title (relating to petitions), it is a rebuttable presumption that a petition was served on the respondent no later than five calendar days after mailing. At the time of filing with the office, the respondent shall serve a copy of the answer on the petitioner by United States certified mail, return receipt requested.
- (b) The answer shall specifically admit or deny each allegation in the petition and shall plead all affirmative defenses.
- (c) The answer shall contain the name, current mailing address, daytime telephone number, if any, and facsimile number, if any, of the respondent and the respondent's authorized representative.
- (d) All well-pled factual allegations in the petition will be deemed admitted unless the respondent's answer, containing specific denials to each allegation, is filed within the time period prescribed in subsection (a) of this section. A general denial shall not be sufficient to controvert factual allegations contained in the petition.
- (e) An answer that does not comply with the requirements of this chapter and 1 Texas Administrative Code, Chapter 155 (relating to Rules of Procedure) may provide grounds for judgment in favor of the petitioner.
Source Note:The provisions of this §249.27 adopted to be effective March 31, 1999, 24 TexReg 2304.