In the answer filed by a respondent, he or she may:
(1) Request a hearing;
(2) Object to the notice to show cause on grounds that it does not state acts or omissions upon which the agency may proceed;
(3) Object to the form of the notice to show cause on grounds of indefiniteness or uncertainty;
(4) Admit the allegations in the notice to show cause in the whole or in part;
(5) Deny the allegations in the notice to show cause in whole or in part;
(6) Present new matter by way of defense;
(7) Allege facts by way of mitigation.
Within the time specified, respondent may file one or more amended answers, but all such answers shall be filed within 15 days after service upon him or her of the notice to show cause.
Respondent shall be entitled to a hearing on the merits if he or she files an answer within the specified time. Any such answer shall be deemed a denial of only those portions of the notice to show cause which are expressly denied therein. Any allegation not denied will be deemed admitted. Failure to file an answer shall constitute a waiver of respondent’s right to a hearing and an admission of the matters alleged in the notice to show cause. Unless a timely objection is included in the answer, all objections to the form of the notice shall be deemed waived.
The answer shall be in writing signed by the respondent or by an attorney-at-law if respondent has legal counsel.
If respondent fails to file an answer, the allegations in the notice to show cause shall be deemed to be true. The agency may take such action as it deems appropriate upon the facts so admitted and other information which has been submitted to it. The agency need not, but may, schedule a hearing without notice to respondent. Nothing herein shall be construed to deprive the respondent of the right to make a showing by way of mitigation.
An answer shall be substantially in the following form:
BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO [or other agency] |
In Re [Name of applicant, licensee or other respondent], ANSWER TO NOTICE TO SHOW CAUSE |
Respondent. |
Respondent answers the Notice to Show Cause, as follows: |
[Enter here any denial, objection, admission, request, new matter or facts regarding mitigating circumstances. See: San Bernardino County Code Section 12.2714.] |
Date: __________________________________________________________ |
(Signature of Respondent or Attorney) |
___________________________________ |
(Address) |
(Ord. 1709, passed - -1972)