025 (2024)

§1021.74.Answers to complaints.

(a)Answers to complaints shall be filed with the Board within 30 days after the date of service of the complaint, unless for cause the Board, with or without motion, prescribes a different time. An answer will not be required in less than 10 days after date of service.

(b)Answers to complaints shall set forth any legal objections as well as any denial of facts, in a single pleading.

(c)Answers shall be in writing and so drawn as to fully and completely advise the parties and the Board as to the nature of the defense, including affirmative defenses. Answers shall admit or deny specifically and in detail each material allegation of the complaint and state clearly and concisely the facts and matters of law relied upon.

(d)A defendant failing to file an answer within the prescribed time shall be deemed in default and, upon motion made as set forth in §1021.76a (relating to entry of default judgment), all relevant facts in the complaint may be deemed admitted and default judgment may be entered. Further, the Board may impose any other sanctions for failure to file an answer in accordance with §1021.161 (relating to sanctions).

(e)No new matter or preliminary objections shall be filed.

(f)Subsections (a)—(e) supersede 1 Pa. Code §§35.5—35.7 and 35.35 (relating to informal complaints; and answers to complaints and petitions).

The provisions of this §1021.74 reserved June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035. Immediately preceding text appears at serial pages (317402) to (317403).