Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-06 - Answer

Current through all regulations passed and filed through July 1, 2024
(A) Time of filing
			 answer. A respondent against whom a complaint has been issued and on whom a
			 notice of hearing and copy of 
								the complaint has been served shall file a
			 written answer within twenty-eight days from the date of service of
			 
								the
			 complaint and notice of hearing.
(B) Place and manner of filing. The answer
			 shall be filed in duplicate with the commission's
			 division of hearings
								 at 30 E. Broad
			 street, 5th floor, Columbus, Ohio 43215 and served on the commission's attorney
			 and all other parties to the proceeding. The answer may be filed by regular
			 mail,  personal
			 delivery, facsimile at 614-644-8776 or electronic
			 submission at hearings@civ.ohio.gov. Respondents shall serve a copy of the
			 answer on the attorney general's office, civil rights section at 30 East Broad
			 street, 15th floor, Columbus, Ohio 43215, and all other parties to the
			 proceeding.
(C) Extension of
			 time. Upon application, the commission or administrative law judge, for good
			 cause shown, may extend the time within which the answer may be filed. No
			 application shall be granted within thirty days prior to the date set for the
			 hearing.
(D) Form of answer. The
			 answer shall be in writing and shall contain the address, business e-mail
			 address and telephone and facsimile numbers of the respondent, and if
			 respondent is represented by an attorney, the name, address, business e-mail
			 address and telephone and facsimile numbers of 
								the attorney.
			 The answer shall contain an admission or denial of each and every allegation of
			 the complaint, including a denial of any knowledge or information sufficient to
			 form a belief concerning an allegation. Any allegation in the complaint which
			 is not denied or admitted in the answer shall be deemed admitted. The answer
			 shall also contain a statement of any matter constituting a defense. An
			 affirmative defense not first set forth by answer may not be raised at hearing.
			 Any allegation of a new matter contained in an answer shall be deemed denied
			 without the necessity of a reply.
(E) Amendment of answer. The respondent may
			 apply to the commission or the administrative law judge to amend an answer.
			 Upon application, the commission or the administrative law judge, for good
			 cause shown, may permit a respondent to file an amended answer. No amended
			 answer shall be accepted for filing within thirty days of the date set for the
			 hearing. Whenever a complaint is amended, the respondent shall be permitted to
			 file an amended answer in the same manner as the original answer was
			 filed.
(F) Failure to file answer.
			 A respondent who has not filed an answer as provided in paragraphs (A) to (E)
			 of this rule shall be deemed in default and the allegations of the complaint
			 shall be deemed admitted. Upon application duly made to the commission or the
			 administrative law judge, 
								a default finding
			 may be set aside for the following reasons:
(1) Mistake,
(2) Surprise, or
(3) Excusable neglect.