Wisconsin Administrative Code
Office of the Commissioner of Insurance
Chapter Ins 5 - Administrative Actions; Rules Of Procedure For Contested Cases
Subchapter V - Notice of Hearing Pleadings; Form and Filing of Documents
Section Ins 5.13 - Answer
Universal Citation: WI Admin Code § Ins 5.13
Current through February 24, 2025
(1) ANSWER REQUIRED. Each named respondent required to file an answer shall answer the notice of hearing by the specified time, unless additional time is allowed by stipulation of the parties or the administrative law judge, for good cause, allows a respondent additional time to answer or to amend the answer. The answer shall be signed by the respondent or by an attorney representing the respondent. If the respondent is a corporation, limited liability company, partnership, cooperative or other association, the answer may be signed by any of its officers or employees.
(2) CONTENTS.
(a) An answer need not be in any particular
form but shall include all of the following:
1. The case number designated in the notice
of hearing.
2. The date of the
answer.
3. A specific denial of
each material allegation of fact or law which the respondent controverts. A
denial shall meet the substance of the allegation denied. If the respondent
intends in good faith to deny only a part or qualification of an allegation,
the respondent shall admit as much of the allegation as is true and material
and shall deny only the remainder.
4. If applicable, a statement that the
respondent is without knowledge or information sufficient to form a belief as
to the truth of a specified allegation. This statement has the effect of a
denial.
5. A statement of any
matter constituting a defense, affirmative defense or mitigation of the matter
charged which the respondent wishes to have considered.
(b) Notwithstanding par. (a), the
administrative law judge may accept a timely written communication from an
unrepresented respondent as a sufficient answer, if the communication provides
the administrative law judge with sufficient information to determine the
matters specified under par. (a). If the answer is insufficient, the
administrative law judge may order a respondent to file a sufficient answer
within a specified time period.
(c) Each material allegation not controverted
in an answer filed within the specified time shall be taken as true. Any new
matter set forth under par. (a) 5. is deemed controverted without service of a
reply.
(d) A respondent's failure
to raise an issue in an answer constitutes waiver of the issue, unless the
administrative law judge allows the respondent to amend the answer under s.
Ins 5.15(2).
Disclaimer: These regulations may not be the most recent version. Wisconsin 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
