§ 20292. Answer to Compliance Specification.

(a) Filing and Service of Answer; Form. Each person alleged as a respondent in the specification or notice of hearing without specification shall, within fifteen (15) days from the service of the specification or notice of hearing without specification, file and serve an answer thereto as provided in sections 20160 and 20166.

(b) Contents of Answer. The answer shall state which facts alleged in the specification or notice of hearing without specification are admitted, which are denied, and which are outside the knowledge of the respondent or any of its agents. Any allegation not denied shall be considered admitted. Except for matters not reasonably ascertainable by a respondent, a general denial or a denial on information and belief shall not suffice. As to such reasonably ascertainable matters, including, but not limited to, gross backpay, actual wages, comparable contract(s), and fringe benefits, if respondent disputes either the accuracy of the facts or figures in the specification or the premises on which they are based, it shall specifically state the basis for its disagreement, setting forth in detail its position as to the applicable premises and furnishing the appropriate supporting facts and figures, including a specific alternative methodology for computing amounts owed should the respondent dispute the validity of the methodology used in the specification.

(c) Effect of Failure to Answer or to Plead Specifically and in Detail to Backpay and Makewhole Specification. If a respondent fails to file an answer within the time prescribed by this section, the administrative law judge may, either with or without taking evidence in support of the allegations and without notice to the respondent, find the allegations of the specification or the notice of hearing without specification to be true and issue an appropriate recommended order. If a respondent files an answer, but fails to deny any allegation of the specification or notice of hearing without specification in the manner required by subsection (b) of this section, and the failure to deny is not adequately explained, such allegation shall be deemed admitted, and may be so found without the taking of evidence supporting such allegation, and the respondent shall be precluded from introducing any evidence controverting said allegation.

HISTORY

1. New section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

2. Editorial correction of subsection (c) (Register 96, No. 52).

3. Amendment of subsection (b) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.3, Labor Code.