SECTION 70.105. Answer

(a) A respondent may file with the chief clerk a written response to the EDPR or a pleading entitled an answer which may deny the alleged violations and/or the amount of the penalty. Through the answer, the respondent may either agree to the amount of the penalties and corrective actions recommended in the EDPR or request a contested enforcement case hearing. Any answer must be filed no later than 20 days after the date on which the respondent receives notice of an EDPR. Failure to file the answer by the 20th day after the date on which the respondent receives notice of an EDPR may result in a default order, as described in §70.106 of this title (relating to Default Order), being issued against the respondent.

(b) If the person charged consents to the EDPR including the recommended penalty, the answer shall so state.

(c) An answer must also be filed in response to a petition which initiates an enforcement action.

(d) Answers to amended or supplemental petitions shall be filed if additional facts and claims are alleged in response to the amended or supplemental petitions.

(e) Any affirmative defenses must be specifically pled in an answer.

(f) A respondent may consent in writing to parts of the EDPR, initial petition, or amended or supplemental petition, whichever is the most recent pleading. If the enforcement action is referred to SOAH for a contested case hearing under Chapter 80 of this title (relating to Contested Case Hearings), the respondent may also enter into agreements with the executive director regarding evidence or other issues pending in the enforcement action by stipulations presented in writing to the judge.

Source Note: The provisions of this §70.105 adopted to be effective June 6, 1996, 21 TexReg 4753; amended to be effective July 7, 1999, 24 TexReg 5017