Section 312IAC3-1-4. Answers and affirmative defenses  


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  •    (a) Except as provided in subsection (b) and in sections 5 and 13 of this rule, the matters contained in a pleading described in section 3(a) of this rule are deemed automatically denied by any other party.

      (b) A party wishing to assert an affirmative defense, counterclaim, or cross-claim shall do so, in writing, filed and served not later than the initial prehearing conference, unless otherwise ordered by the administrative law judge. (Natural Resources Commission; 312 IAC 3-1-4; filed Feb 5, 1996, 4:00 p.m.: 19 IR 1317; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; readopted filed May 20, 2014, 9:48 a.m.: 20140618-IR-312140027RFA)