Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

12 Pa. Code § 11.9. Answers to complaints and petitions.

§ 11.9. Answers to complaints and petitions.

 (a)  Upon the determination of the Department to accept a timely filing as a complaint or petition, the Department will mail a copy of the filing to each respondent. Answers to the complaints and petitions shall be filed by the respondent at the office of the Department within 10-calendar days of the date of mailing by the Department of the complaint or petition, as applicable, unless for cause shown the Department with or without motion prescribes a different time.

   (1)  A respondent who fails to file an answer within the applicable period shall be deemed in default, and the relevant basic facts, but no conclusions of law, stated in the complaint or petition shall be deemed admitted.

   (2)  Answers shall be in writing, and so drawn as fully and completely to advise the parties and the Department as to the nature of the defense.

   (3)  The answer shall admit or deny specifically and in detail each material allegation of the pleading answered, and state clearly and concisely the facts and provisions of the act relied upon.

   (4)  By answering a complaint the respondent shall be deemed, if appropriate, to request a certificate of approval of the relevant proceedings of the local government unit under section 8204 of the act (relating to certificate of approval of transcript) and no other affirmative relief shall be requested by the respondent.

 (b)  A party may file a responsive amendment, modification or supplement to a complaint, petition, answer or other pleading within 7-calendar days of the date of service of the preceding pleading, unless otherwise prescribed by the Department.

 (c)  This section supersedes 1 Pa. Code § §  35.35—35.41 (relating to answers).

Cross References

   This section cited in 12 Pa. Code §  11.7 (relating to complaints).



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