1. (a) A respondent may file a pleading with the chief clerk, which may be in the nature of a general denial as that term is used in state district courts, entitled an answer, either consenting to the imposition of the penalties and injunctive relief recommended in the EDPR, or requesting a contested enforcement case hearing. Any answer must be filed no later than 20 days, or 30 days for irrigators and irrigation system installers, after the date on which notice of an EDPR is received. Failure to file the answer by the required date after the date on which notice of EDPR is received may result in a default order, as described in §70.106 of this title (relating to Default Order), being issued against the respondent.
2. (b) If the person charged consents to the EDPR including the recommended penalty, the answer shall so state.
3. (c) An answer must also be filed in response to a petition which initiates an enforcement action.
4. (d) Answers to amended or supplemental petitions shall be filed if additional facts and claims are alleged in response to the amended or supplemental petitions.
5. (e) Any affirmative defenses must be specifically pled in an answer.
6. (f) A respondent may consent in writing to parts of the EDPR, initial petition, or amended or supplemental petition, whichever is the most recent pleading. If the enforcement action is referred to SOAH for a contested case hearing under Chapter 80 of this title (relating to Contested Case Hearings), the respondent may also enter into agreements with the executive director regarding evidence or other issues pending in the enforcement action by stipulations presented in writing to the judge.

Source Note:The provisions of this §70.105 adopted to be effective June 6, 1996, 21 TexReg 4753.