12-180-12 Me. Code R. § 9

Current through 2024-51, December 18, 2024
Section 180-12-9 - Response to Complaint

The party against whom a complaint has been filed shall file its answer to a complaint and any motion to dismiss within 20 calendar days after the filing of the original complaint, or 10 calendar days after the filing of the amended complaint, whichever is later. The respondent shall simultaneously serve a copy of the answer upon the complaining party and certify that service was made in accordance with Chapter 10, section 8 of these Rules.

1.Contents of Answer. The answer must include a specific admission, denial or explanation of each allegation in the complaint and must fairly meet the substance of the allegations denied. The answer must be signed by the respondent. Any material allegation not denied in the answer is deemed admitted. Any request for deferral of issues raised to the parties' grievance process, including arbitration, must be made in the answer. A joint statement of any matters of agreement reached by the parties must be attached to the answer.
2.Counter Complaint. If the answer contains a counter complaint, that counter complaint will be reviewed in accordance with section 7 and, if it alleges a prima facie violation of the applicable collective bargaining law, an answer to that counter complaint will be required. A counter complaint is treated like an initial complaint, in all respects.
3.Failure to Answer. Failure to file a timely answer constitutes an admission of the properly pleaded material facts alleged in the complaint. Failure to file an answer is grounds for the Board to render a default order against the respondent unless the Board finds that the respondent's failure to answer is the result of excusable neglect. The default is with prejudice, unless the order provides otherwise.

12-180 C.M.R. ch. 12, § 9