(A) A respondent's answer to an unfair labor practice complaint shall be filed via electronic mail within ten days from receipt of the complaint or amendment to the complaint but in no event later than the commencement of the hearing ,whichever is earlier. Such answer shall include a specific admission, denial, or explanation of each allegation of the complaint. If the respondent is without knowledge of an allegation, he or she shall so state in which case such statement shall operate as a denial. Admissions or denials may be made to all or part of a particular allegation. Any allegation not specifically denied is deemed admitted. When a respondent denies an allegation of fact in the complaint, the answer shall state with specificity the basis for the denial. The answer shall include a specific statement of any affirmative defense. Failure to state an affirmative defense in the answer shall constitute a waiver of such affirmative defense, except the defenses of failure to state a cause of action, unconstitutionality of the statute, or lack of subject matter jurisdiction, which defenses may be raised at any time.
(B) If a respondent fails to file a timely answer to the complaint, such failure shall be deemed to constitute an admission of the allegations contained in the complaint.
(C) The filing of a motion to dismiss shall not toll the time for filing an answer.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.11, 4117.12
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87, 10/25/10