(a) Not more than 15 days after the Commissioner serves a notice of adjudicatory hearing on the respondent, the respondent shall file an answer with the Commissioner. The answer shall be in writing, signed by the respondent or a person authorized to represent the respondent in connection with the hearing, and shall contain the following: (1) Admission or denial of each of the material allegations of the accusation.(2) Statement of any new matter constituting a defense.(b) The respondent may deny any allegation in the accusation on the basis of information and belief. Also, if the respondent has no information or belief upon the subject sufficient to enable him to answer an allegation in the accusation, he may so state in the answer and place his denial on that ground.(c) Any new matter contained in an answer shall be deemed to be denied by the Commissioner.(d) Any material allegation in the accusation which is not denied in the answer shall be deemed to be true, and the respondent may not offer evidence to controvert any such allegation at an adjudicatory hearing.(e) If the respondent fails to file an answer within the time specified in this Section, he shall be deemed to admit the truth of all allegations in the accusation.Cal. Code Regs. Tit. 10, § 5.5102
1. Change without regulatory effect amending section and adding new NOTE filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34). Note: Authority cited: Sections 215, 4831, 31101 and 33202, Financial Code.
1. Change without regulatory effect amending section and adding new Note filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).