§ 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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