(a) Form and Purpose. Within ten days after service upon him of the accusation, the respondent may file one or more notices of defense in which he may: request a hearing; object to the accusation upon the ground that it does not state acts or omissions upon which the Department may proceed; object to the form of the accusation on the ground that it is so indefinite or uncertain that he cannot identify the transaction or prepare his defense; admit the accusation in whole or in part. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Failure to File Notice of Defense – Waiver. The respondent shall be entitled to a hearing on the merits if he files a notice of defense within ten days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of respondent’s right to a hearing, but the Department, in its discretion, may nevertheless conduct a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(c) Written Notice of Defense. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state his mailing address. It must be verified but need not follow any particular form.
(d) Amendment of Accusation. At any time before the matter is submitted for decision, the Board, Superintendent or hearing examiner may order or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges, the respondent shall be afforded a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record. (Amended by Ord. No. 139,419, Eff. 11/30/69.)