Section 3730.209  Admissions

a)         Request for Admission of Fact.  A party, or the Department on its own motion, may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request.

b)         Request for Admission of Genuineness of Document.  A party or the Department on its own motion, may serve on any other party a written request for admission of the genuineness of any relevant documents described in the request.  Copies of the documents shall be served with the request unless copies have already been furnished.

c)         Admission in the Absence of Denial.

1)         Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within 20 days after service thereof, the party to whom the request is directed serves upon the party requesting the admission either:

A)        a sworn statement denying specifically the matters of which admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters; or

B)        written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part.

2)         If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission.  If good faith requires that a party deny only a part, or requires qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder.  Any objections to a request or to an answer shall be heard by the Hearing Officer upon prompt notice and motion of the party making the request.

d)         Effect of Admission.  Any admission by a party pursuant to a request under this rule is for the purpose of the pending action only.  It does not constitute an admission by him for any other purpose and may not be used against him in any other proceeding.