§ 1.246   Admission of facts and genuineness of documents.

   (a) Within 20 days after the time for filing a notice of appearance has
   expired; or within 20 days after the release of an order adding parties
   to the proceeding (see § § 1.223 and 1.227) or changing the issues (see
   § 1.229); or within such shorter or longer time as the presiding officer
   may allow on motion or notice, a party may serve upon any other party a
   written request for the admission by the latter of the genuineness of
   any relevant documents identified in and exhibited by a clear copy with
   the request or of the truth of any relevant matters of fact set forth
   in the request.

   (b) Each of the matters of which an admission is requested shall be
   deemed admitted unless, within a period designated in the request, not
   less than 10 days after service thereof, or within such shorter or
   longer time as the presiding officer may allow on motion or notice, the
   party to whom the request is directed serves upon the party requesting
   the admission either: (1) A sworn statement denying specifically the
   matters of which an admission is requested or setting forth in detail
   the reasons why he cannot truthfully admit or deny those matters, or
   (2) written objections on the ground that some or all of the requested
   admissions are privileged or irrelevant or that the request is
   otherwise improper in whole or in part. If written objections to a part
   of the request are made, the remainder of the request shall be answered
   within the period designated in the request. A denial shall fairly meet
   the substance of the requested admission, and when good faith requires
   that a party deny only a part or a qualification of a matter of which
   an admission is requested, he shall specify so much of it as is true
   and deny only the remainder.

   (c) A copy of the request and of any answer shall be served by the
   party filing on all other parties to the proceeding and upon the
   presiding officer.

   (d) Written objections to the requested admissions may be ruled upon by
   the presiding officer without additional pleadings.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  35 FR 17333 , Nov. 11, 1970]

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