§ 1.246   Admission of facts and genuineness of documents.

   (a) Within 20 days after the time for filing a notice of appearance has
   expired; or within 20 days after the release of an order adding parties to
   the proceeding (see § § 1.223 and 1.227) or changing the issues (see § 1.229);
   or within such shorter or longer time as the presiding officer may allow on
   motion or notice, a party may serve upon any other party a written request
   for the admission by the latter of the genuineness of any relevant documents
   identified in and exhibited by a clear copy with the request or of the truth
   of any relevant matters of fact set forth in the request.

   (b) Each of the matters of which an admission is requested shall be deemed
   admitted unless, within a period designated in the request, not less than 10
   days after service thereof, or within such shorter or longer time as the
   presiding officer may allow on motion or notice, 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 an admission
   is requested or setting forth in detail the reasons why he cannot truthfully
   admit or deny those matters, 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. If written objections
   to a part of the request are made, the remainder of the request shall be
   answered within the period designated in the request. A denial shall fairly
   meet the substance of the requested admission, and when good faith requires
   that a party deny only a part or a qualification of a matter of which an
   admission is requested, he shall specify so much of it as is true and deny
   only the remainder.

   (c) A copy of the request and of any answer shall be served by the party
   filing  on  all other parties to the proceeding and upon the presiding
   officer.

   (d) Written objections to the requested admissions may be ruled upon by the
   presiding officer without additional pleadings.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  35 FR 17333 , Nov. 11, 1970]

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