§ 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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