TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 168 PROCEDURES FOR CONTESTED CASE HEARINGS
SECTION 168.255 ADMISSIONS


 

Section 168.255  Admissions

 

a)         At least 21 days prior to a hearing, a party or the Hearing Officer, on his own motion, may serve on any other party a written request for the admission of the truth of any specified relevant fact or 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.

 

b)         Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within 21 days after service thereof, the party to whom the request is directed serves upon the party requesting the admission either:

 

1)         A sworn statement denying specifically the matters of which admission is requested or setting forth in detail the reasons why those matters cannot be truthfully admitted or denied; or

 

2)         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.

 

c)         If written objections to part of the request are made, the remainder of the request shall be answered within 21 days after service of the request.  If good faith requires that a party deny only a part, or requires qualification of a matter of which an admission is requested, the party shall specify so much of it as is true and deny only the remainder.

 

d)         Any objections to a request or to an answer shall be heard by the Hearing Officer upon motion of the party making the request.