Section 515-RICR-10-00-2.10 - AnswerA. Time of Filing Answer. A respondent upon whom a notice of hearing and complaint has been served shall file a written answer within three (3) weeks from the date of service or ten (10) days prior to the date of hearing, whichever is earlier.B. Place and Manner of Filing. The answer must be filed with the Commission, a Commission attorney, and upon all other parties, by personal delivery, mail, facsimile or email.C. Extension of Time. Upon application, the Commission, for good cause shown, may extend the time within which the answer may be filed.D. Form of Answer. The answer shall be in writing and shall contain the address, email address and telephone number of the respondent, and if represented by an attorney, the name, address, bar number, email address and telephone number of said attorney. The answer shall contain a specific denial of each allegation of the complaint controverted by the respondent, or a denial of any knowledge or information sufficient to form a belief concerning such allegations, and a statement of any matter constituting a defense. General denials are not an acceptable form of pleading and shall be stricken by the Commission. Any allegation in the complaint which is not denied, unless respondent shall state in the answer that the respondent after due investigation is without knowledge or information sufficient to form a belief on the allegation, shall be deemed admitted. An affirmative defense not first set forth by answer may not be raised at hearing on a complaint unless the hearing officer decides otherwise based on good cause shown.E. Amendment to Answer. The respondent may amend their answer at any time before sixty (60) days prior to the first hearing on the complaint, as a matter of right, and thereafter at the discretion of the Commission or the hearing officer, by motion. Whenever a complaint is amended, the respondent shall file an amended answer as directed by the Commission.F. Failure to File Answer. A respondent who has not filed an answer shall be in default and the hearing shall proceed on the evidence in support of the complaint. Such default may be set aside by the Commission or the hearing officer upon good cause shown.515 R.I. Code R. 515-RICR-10-00-2.10
Adopted effective 1/8/2019