Md. Code Regs. 26.20.35.12

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.35.12 - Admissions

A. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the genuineness and authenticity of any relevant document described in or attached to the request, or for the admission of the truth of any specified relevant matter of fact.

B. Each matter of which an admission is requested is admitted unless, within 30 days after service of the request or such shorter or longer time as the hearing officer may allow, the party to whom the request is directed serves on the requesting party:

(1) A sworn statement denying specifically the relevant matters of which an admission is requested;

(2) A sworn statement setting forth in detail the reasons why he can neither truthfully admit nor deny them; or

(3) Written objections on the ground that some or all of the matters involved are privileged or irrelevant or that the request is otherwise improper in whole or in part.

C. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.

D. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the hearing officer determines that an objection is justified, he shall order that an answer be served. If the hearing officer determines that an answer does not comply with the requirements of this regulation, he may order either that the matter is admitted or that an amended answer be served. The hearing officer may, in place of these orders, determine that final disposition of the request be made at a prehearing conference or at a designated time before hearing.

E. Any matter admitted under this section is conclusively established unless the hearing officer on motion permits withdrawal or amendment of the admission.

F. Any admission made by a party under this section is for the purpose of pending action only and is not an admission by him for any other purpose and may not be used against him in any other proceeding.

Md. Code Regs. 26.20.35.12

Regulations .12 were previously codified as COMAR 08.13.09.44 a A_L, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.