5 CFR § 185.109

5 CFR · Administrative Personnel

§ 185.109 — Answer.

5 CFR § 185.109

TitleTitle 5: Administrative Personnel PartPart 185: Program Fraud Civil Remedies

SourceeCFR (current through Mar 24, 2026)

This text of 5 C.F.R. § 185.109 (Answer.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

5 C.F.R. § 185.109 (2026).

Text

§ 185.109 Answer.

(a)The defendant may request a hearing in the answer filed with the reviewing official within 30 days of service of the complaint.

(b)In the answer, the defendant:

(1)Shall admit or deny each of the allegations of liability made in the complaint;

(2)Shall state any defense on which the defendant intends to rely;

(3)May state any reasons why the defendant contends that the penalties and assessments should be less than the statutory maximum; and

(4)Shall state the name, address, and telephone number of the person authorized by the defendant to act as defendant's representative, if any.

(c)If the defendant is unable to file an answer meeting the requirements of paragraph (b) of this section within the time provided, the defendant may, before the expiration of 30

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§ 185.109 Answer.

(a) The defendant may request a hearing in the answer filed with the reviewing official within 30 days of service of the complaint.

(b) In the answer, the defendant:

(1) Shall admit or deny each of the allegations of liability made in the complaint;

(2) Shall state any defense on which the defendant intends to rely;

(3) May state any reasons why the defendant contends that the penalties and assessments should be less than the statutory maximum; and

(4) Shall state the name, address, and telephone number of the person authorized by the defendant to act as defendant's representative, if any.

(c) If the defendant is unable to file an answer meeting the requirements of paragraph (b) of this section within the time provided, the defendant may, before the expiration of 30 days from service of the complaint, file with the reviewing official a general answer denying liability and requesting a hearing, and a request for an extension of time within which to file an answer meeting the requirements of paragraph (b) of this section. The reviewing official shall file promptly with the ALJ the complaint, the general answer denying liability, and the request for an extension of time as provided in § 185.110. For good cause shown, the ALJ may grant the defendant up to 30 additional days within which to file an answer meeting the requirements of paragraph (b) of this section. The ALJ shall decide expeditiously whether the dependent shall be granted an additional period of time to file such answer.