(A) Time of filing answer. A respondent against whom a complaint has been issued and on whom a notice of hearing and copy of such complaint has been served shall file a written answer within twenty-eight days from the date of service of such complaint and notice of hearing.
(B) Place and manner of filing. The answer shall be filed in duplicate at the central office compliance department of the commission in Columbus and a copy served upon the commission's attorney and all other parties to the proceeding. The answer may be filed by regular mail, delivery service, or personal delivery.
(C) Extension of time. Upon application, the commission or administrative law judge, for good cause shown, may extend the time within which the answer may be filed. No application shall be granted within thirty days prior to the date set for the hearing on the complaint, or as such date may be extended.
(D) Form of answer. The answer shall be in writing and shall contain the address and telephone number of the respondent, and if he is represented by an attorney, the name, address and telephone number of said attorney. The answer shall contain an admission or denial denial of each and every allegation of the complaint including a denial of any knowledge or information sufficient to form a belief concerning an allegation. Any allegation in the complaint which is not denied or admitted in the answer shall be deemed admitted. The answer shall also contain a statement of any matter constituting a defense. An affirmative defense not first set forth by answer may not be raised at hearing on a complaint. Any allegation of new matter contained in an answer shall be deemed denied without the necessity of a reply.
(E) Amendment of answer. The respondent may apply to the commission or the administrative law judge to Upon application, the commission or the administrative law judge, for good cause shown, may permit a respondent to file an amended answer. No amended answer shall be accepted for filing within thirty days of the date set for the hearing on the complaint. Whenever a complaint is amended, the respondent shall file an amended answer in the same manner as the original answer was filed.
(F) Failure to file answer. A respondent who has not filed an answer as provided in paragraphs (A) to (E) of this rule shall be deemed in default and the allegations of the complaint shall be deemed admitted. Upon application duly made to the commission or the administrative law judge, such default may be set aside for the following reasons:
(2) Surprise, or
(3) Excusable neglect.
Eff 11-4-71; 11-15-77;
12-23-79; 7-12-89; 10-17-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 4112.04(A)(4)
Rule amplifies: RC 4112.04, 4112.05
R.C. 119.032 review dates: 8/1/2002 and 08/01/2007