§ 14.42   Answers.

   (a) Any defendant upon whom copy of a formal complaint is served shall
   answer such complaint in the manner prescribed under this section within
   twenty days of service of the formal complaint by the complainant, unless
   otherwise directed by the Commission.

   (b) The answer shall advise the complainant and the Commission fully and
   completely of the nature of any defense, and shall respond specifically to
   all material allegations of the complaint. Every effort shall be made to
   narrow the issues in the answer. The defendant shall state concisely its
   defense to each claim asserted, admit or deny the averments on which the
   complainant relies, and state in detail the basis for admitting or denying
   such averment. General denials are prohibited. Denials based on information
   and  belief  are  expressly  prohibited  unless made in good faith and
   accompanied by an affidavit explaining the basis for the defendant's belief
   and why the defendant could not reasonably ascertain the facts from the
   complainant or any other source. If the defendant is without knowledge or
   information sufficient to form a belief as to the truth of an averment, the
   defendant  shall  so state and this has the effect of a denial. When a
   defendant  intends in good faith to deny only part of an averment, the
   defendant shall specify so much of it as is true and shall deny only the
   remainder.  The defendant may deny the allegations of the complaint as
   specific denials of either designated averments or paragraphs.

   (c) The answer shall contain proposed findings of fact, conclusions of law,
   and legal analysis relevant to the claims and arguments set forth in the
   answer.

   (d) Averments in a complaint or supplemental complaint filed pursuant to
   § § 14.38 and 14.39 of this subpart are deemed to be admitted when not denied
   in the answer.

   (e) Affirmative defenses to allegations contained in the complaint shall be
   specifically captioned as such and presented separately from any denials
   made in accordance with paragraph (c) of this section.

   (f) The answer shall include an information designation containing:

   (1) The name, address, and position of each individual believed to have
   firsthand knowledge of the facts alleged with particularity in the answer,
   along  with  a  description  of the facts within any such individual's
   knowledge;

   (2) A description of all documents, data compilations and tangible things in
   the defendant's possession, custody, or control, that are relevant to the
   facts alleged with particularity in the answer. Such description shall
   include for each document:

   (i)  The  date  it  was  prepared,  mailed,  transmitted, or otherwise
   disseminated;

   (ii) The author, preparer, or other source;

   (iii) The recipient(s) or intended recipient(s);

   (iv) Its physical location; and

   (v) A description of its relevance to the matters in dispute.

   (3) A complete description of the manner in which the defendant identified
   all persons with information and designated all documents, data compilations
   and tangible things as being relevant to the dispute, including, but not
   limited to, identifying the individual(s) that conducted the information
   search and the criteria used to identify such persons, documents, data
   compilations, tangible things, and information.

   (g)  The answer shall attach copies of all affidavits, documents, data
   compilations and tangible things in the defendant's possession, custody, or
   control, upon which the defendant relies or intends to rely to support the
   facts alleged and legal arguments made in the answer.

   (h) The answer shall contain certification that the defendant has, in good
   faith, discussed or attempted to discuss, the possibility of settlement with
   the  complainant  prior  to  the  filing of the formal complaint. Such
   certification shall include a brief summary of all steps taken to resolve
   the dispute prior to the filing of the formal complaint. If no such steps
   were taken, such certificate shall state the reason(s) why the defendant
   believed such steps would be fruitless;

   (i) The defendant may petition the staff, pursuant to § 1.3 of this chapter,
   for a waiver of any of the requirements of this section. Such waiver may be
   granted for good cause shown.

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