§ 14.36   Answers and replies to informal complaints.

   (a) After a complainant makes a prima facie case by asserting that a product
   or service is not accessible, the manufacturer or service provider to whom
   the informal complaint is directed bears the burden of proving that the
   product or service is accessible or, if not accessible, that accessibility
   is not achievable under this part or readily achievable under parts 6 and 7.
   To  carry its burden of proof, a manufacturer or service provider must
   produce documents demonstrating its due diligence in exploring accessibility
   and  achievability,  as  required by parts 6, 7, or 14 of this chapter
   throughout the design, development, testing, and deployment stages of a
   product or service. Conclusory and unsupported claims are insufficient to
   carry this burden of proof.

   (b) Any manufacturer or service provider to whom an informal complaint is
   served by the Commission under this subpart shall file and serve an answer
   responsive to the complaint and any inquires set forth by the Commission.

   (1) The answer shall:

   (i)  Be filed with the Commission within twenty days of service of the
   complaint, unless the Commission or its staff specifies another time period;

   (ii) Respond specifically to each material allegation in the complaint and
   assert any defenses that the manufacturer or service provider claim;

   (iii) Include a declaration by an officer of the manufacturer or service
   provider attesting to the truth of the facts asserted in the answer;

   (iv) Set forth any remedial actions already taken or proposed alternative
   relief without any prejudice to any denials or defenses raised;

   (v) Provide any other information or materials specified by the Commission
   as relevant to its consideration of the complaint; and

   (vi) Be prepared or formatted, including in electronic readable format
   compatible with the Commission's Summation or other software in the manner
   requested by the Commission and the complainant, unless otherwise permitted
   by the Commission for good cause shown.

   (2) If the manufacturer's or service provider's answer includes the defense
   that it was not achievable for the manufacturer or service provider to make
   its product or service accessible, the manufacturer or service provider
   shall carry the burden of proof on the defense and the answer shall:

   (i) Set forth the steps taken by the manufacturer or service provider to
   make the product or service accessible and usable;

   (ii) Set forth the procedures and processes used by the manufacturer or
   service provider to evaluate whether it was achievable to make the product
   or service accessible and usable in cases where the manufacturer or service
   provider alleges it was not achievable to do so;

   (iii) Set forth the manufacturer's basis for determining that it was not
   achievable to make the product or service accessible and usable in cases
   where the manufacturer or service provider so alleges; and

   (iv)  Provide  all  documents supporting the manufacturer's or service
   provider's conclusion that it was not achievable to make the product or
   service accessible and usable in cases where the manufacturer or service
   provider so alleges.

   (c) Any manufacturer or service provider to whom an informal complaint is
   served by the Commission under this subpart shall serve the complainant and
   the Commission with a non-confidential summary of the answer filed with the
   Commission  within  twenty  days  of  service  of  the  complaint. The
   non-confidential summary must contain the essential elements of the answer,
   including, but not limited to, any asserted defenses to the complaint, must
   address  the  material  elements of its answer, and include sufficient
   information to allow the complainant to file a reply, if the complainant
   chooses to do so.

   (d) The complainant may file and serve a reply. The reply shall:

   (1) Be served on the Commission and the manufacturer or service provider
   that is subject of the complaint within ten days after service of answer,
   unless otherwise directed by the Commission;

   (2) Be responsive to matters contained in the answer and shall not contain
   new matters.

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