Ask X3What does 49 CFR 386.44 (Request for admissions) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Based on 49 CFR 386.44, the requirements for a request for admission are as follows:
* Serving the Request: Any party can ask another party to admit the truth of relevant matters or the authenticity of relevant documents. Any document involved must be included with the request.
* Formatting: Each requested admission must be listed separately and numbered.
* Responding within 15 Days: The party receiving the request has 15 days after it is served to provide a written, signed answer (signed by the party or their attorney). If no answer is served within this time, the matter is automatically considered admitted.
* Answering Details: Each answer must clearly state whether the party admits or denies the matter. If you cannot admit or deny it, you must explain your reasons in detail.
* Making Inquiries: You cannot deny a request or fail to answer simply by claiming a lack of knowledge, unless you have first made a "reasonable inquiry" to gather enough information to either admit or deny it.
* Filing Objections: If you wish to object to a request, you must file a detailed written objection explaining why you should not have to answer. This must be filed within 10 days of service to either the administrative law judge (if one is appointed) or the Agency Decisionmaker. The party who requested the admission then has 10 days to reply to your objection. You cannot object simply because the request involves a factual issue for a hearing.
*(Reference: 49 CFR 386.44)*