Michigan Administrative Code
Department - Civil Rights
Civil Rights Commission
Organization, Practice, and Procedure
Section R. 37.11 - Answer

Universal Citation: MI Admin Code R. 37.11

Current through Vol. 24-16, September 15, 2024

Rule 11.

(1) The respondent shall file a written verified answer to the charge of discrimination within 21 days after the date of service of the charge.

(2) The answer must be filed in duplicate at any office of the department. The filing must be by personal delivery mail or electronic service, with proof of service.

(3) Upon request, the commission or director may, for good cause shown, extend the time within which the answer may be filed.

(4) The answer must be in writing and the original must be signed and verified by the respondent. The answer must contain the address of the respondent, and if he or she is represented by counsel, the name and address of counsel. The answer must contain a general or specific denial or admission or a denial of any knowledge or information sufficient to form a belief of every allegation of the charge and a statement of any matter constituting a defense. An allegation in the charge that is not denied or admitted in the answer, unless the respondent states in the answer that he or she is without knowledge or information sufficient to form a belief, is considered admitted.

(5) The respondent has the right, reasonably and fairly, to amend his or her answer. Both of the following apply to an amended answer:

(a) The respondent's right to amend his or her answer may be exercised at any time, without permission, up to 10 days before the first hearing. If the first hearing is in less than 10 days, the respondent may apply, and the hearing commissioner or hearing referee may allow the respondent to amend his or her answer.

(b) Duplicate copies of an amended answer must be filed with the department.

(6) If an answer is not filed within the time provided for in these rules, each of the allegations in the charge are considered admitted. Upon application, the hearing commissioner or hearing referee, for good cause shown, may set aside the admission.

(7) The department, within 7 days after the date of receiving an answer or amended answer from the respondent, shall send a copy by mail or electronic service, with proof of service, to the claimant's last known address of record or to the claimant's counsel.

Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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