8.57—Answer.
(a) Filing.
The respondent shall file the answer in writing within
the time specified in the complaint or notice of institution of the proceeding,
unless on application the time is extended by the Director of Practice or the
Administrative Law Judge. The respondent shall file the answer in duplicate with the
director of Practice.
(b) Contents.
The respondent shall include in the answer a statement
of facts which constitute the grounds of defense, and shall specifically admit or
deny each allegation set forth in the complaint, except that the respondent shall
not deny a material allegation in the complaint which he or she knows to be true, or
state that he or she is without sufficient information to form a belief when in fact
the respondent possesses that information. The respondent may also state
affirmatively special matters of defense.
(c) Failure to deny or answer allegations in the complaint.
Every
allegation in the complaint which is not denied in the answer is deemed to be
admitted and may be considered as proven, and no further evidence in respect of that
allegation need be adduced at a hearing. Failure to file an answer within the time
prescribed in the notice to the respondent, except as the time for answer is
extended by the Director of Practice or the Administrative Law Judge, will
constitute an admission of the allegations of the complaint and a waiver of hearing,
and the Administrative Law Judge may make a decision by default without a hearing or
further procedure.
(d) Reply by Director of Practice.
No reply to the respondent's
answer is required, and new matter in the answer will be deemed to be denied, but
the Director of Practice may file a reply at his or her discretion or at the request
of the Administrative Law Judge.