40 CFR § 305.22 - Answer to the request for a hearing.
---
identifier: "/us/cfr/t40/s305.22"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 305.22 - Answer to the request for a hearing."
title_number: 40
title_name: "Protection of Environment"
section_number: "305.22"
section_name: "Answer to the request for a hearing."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "J"
subchapter_name: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"
part_number: "305"
part_name: "COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 9601 E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp. p. 193."
regulatory_source: "58 FR 7706, Feb. 8, 1993, unless otherwise noted."
cfr_part: "305"
---
# 305.22 Answer to the request for a hearing.
(a) *General.* The Claims Official shall file an original and one copy of a written answer to the Request for a Hearing with the Hearing Clerk when he: contests any material fact upon which the Request for a Hearing is based; contends that the amount of money demanded in the Request for a Hearing is inappropriate; or contends that he is entitled to judgment as a matter of law. Any such answer to the Request for a Hearing must be filed with the Hearing Clerk and served on all parties within 15 days after the Presiding Officer has assumed jurisdiction over the case as provided by § 305.4(d).
(b) *Contents of the answer.* The answer shall clearly and directly admit, deny, or explain each of the factual allegations in the Request for a Hearing with regard to which the Claims Official has any knowledge. When the Claims Official has no knowledge of a particular allegation and so states, the allegation is deemed denied. The answer shall also state:
(1) The circumstances or arguments which are alleged to constitute the grounds of defense; and
(2) The facts which the Claims Official intends to place at issue.
(c) *Failure to admit, deny, or explain.* Failure of the Claims Official to admit, deny or explain any material factual allegation contained in the claim constitutes an admission of the allegation.
(d) *Amendment of the answer.* The Claims Official may amend the answer to the Request for a Hearing upon motion granted by the Presiding Officer.