Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.10 - Requests for Admission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Availability; procedures for requests.
The commission may
			 serve upon any party a written request for the admission, for purposes of all
			 proceedings relating to the pending complaint only, of the truth of any matters
			 within the scope of rule
			 161-9.7 (216)
			 set forth in the request that relate to statements or opinions of fact or of
			 the application of law to fact, including the genuineness of any documents
			 described in the request. Copies of documents shall be served with the request
			 unless they have been or are otherwise furnished or made available for
			 inspection and copying.
Each matter of which an admission is requested shall be
				separately set forth.
Notice of the effect of an admission shall be given to the
				person from whom the admission is sought.
The commission shall not serve more than 30 requests for
				admission on any party except upon agreement of the party from whom admissions
				are sought or leave of the presiding officer for discovery granted upon a
				showing of good cause. A motion for leave of the presiding officer for
				discovery to serve more than 30 requests for admission must be in writing and
				shall set forth the proposed requests and the reasons establishing good cause
				for their use.
(2)
lime for and content of responses.
The matter is admitted
			 unless, within 30 days after service of the request, or within such shorter or
			 longer time as the presiding officer for discovery may on motion allow, the
			 party to whom the request is directed serves upon the commission a written
			 answer or objection addressed to the matter, signed by the party or by the
			 party's attorney.
If objection is made, the reasons therefor shall be stated. The
				answer shall specifically deny the matter or set forth in detail the reasons
				why the answering party cannot truthfully admit or deny the matter A denial
				shall fairly meet the substance of the requested admission, and when good faith
				requires that a party qualify the party's answer or deny only a part of the
				matter of which an admission is requested, the party shall specify so much of
				it as is true and qualify or deny the remainder An answering party may not give
				lack of information or knowledge as a reason for failure to admit or deny
				unless the party states that the party has made reasonable inquiry and that the
				information known or readily obtainable by the party is insufficient to enable
				the party to admit or deny. A party who considers that a matter of which an
				admission has been requested presents a genuine issue for trial may not, on
				that ground alone, object to the request; the party may, subject to the
				provisions of subrule 9.16(3), deny the matter or set forth reasons why the
				party cannot admit or deny it.
(3)
Determining sufficiency of
			 responses.
The commission may move to determine the sufficiency of the
			 answers or objections. Unless the presiding officer for discovery determines
			 that an objection is justified, the presiding officer for discovery shall order
			 that an answer be served. If the presiding officer for discovery determines
			 that an answer does not comply with the requirements of this rule, the
			 presiding officer for discovery may order either that the matter be admitted or
			 that an amended answer be served. The presiding officer for discovery may, in
			 lieu of these orders, determine that final disposition of the request be made
			 at a designated time prior to completion of the investigation. The provisions
			 of paragraph 9.16(1) "J" apply to the award of expenses incurred in relation to
			 the motion.