Section 710IAC4-12-5. Answers

   (a) In any order for proceeding, the commissioner may direct that:

(1) any party respondent shall file an answer to the allegations contained in the order for proceeding; and

(2) any party in the proceeding may file an answer.

  (b) Except where a different period is provided by rule or by order, a party respondent directed to file an answer as provided in subsection (a) shall do so within fifteen (15) days after service of the order for proceeding. Any other person admitted to the proceeding (except a person becoming a party under section 8(a) of this rule) may be required to file an answer within the time directed by the commissioner. Where amendments to the matters of fact and law to be considered in the proceeding are authorized subsequent to the institution of the proceeding, the parties may be required to answer the matters of fact and law to be considered as amended within a reasonable time.

  (c) Unless otherwise directed by the commissioner, an answer required by this section shall specifically:

(1) admit;

(2) deny; or

(3) state;

that the party does not have and is unable to obtain sufficient information to admit or deny each allegation in the order for proceeding. A statement of a lack of information shall have the effect of a denial. Any allegation not denied shall be deemed to be admitted. When a party intends in good faith to deny only a part or to make a qualification of an allegation, he or she shall specify so much of it as is true and shall deny only the remainder.

  (d) If a party fails to file an answer required by this rule within the time provided, that person shall be deemed in default and the proceeding may be determined against the party by the commissioner upon consideration of the order for proceeding, the allegations of which may be deemed to be true.

  (e) Every answer filed under this section shall be signed by the party filing it or by at least one (1) attorney, in his or her individual name, who represents the party. The signature shall constitute a certificate by the signer that:

(1) he or she has read the answer;

(2) to the best of his or her knowledge, information, and belief there is good ground to support it; and

(3) it is not interposed for delay.

(Securities Division; 710 IAC 4-12-5; filed Jun 28, 2010, 2:36 p.m.: 20100728-IR-710100044FRA; readopted filed May 12, 2016, 1:47 p.m.: 20160608-IR-710160136RFA)