# 45 CFR § 681.9: How does a defendant respond to the complaint?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-45-681.9

## Section

- **Citation:** 45 CFR § 681.9
- **Heading:** How does a defendant respond to the complaint?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 45—Public Welfare > Subtitle B—Regulations Relating to Public Welfare > CHAPTER VI—NATIONAL SCIENCE FOUNDATION > PART 681—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS > Procedures Following Service of a Complaint

## Text

(a) A defendant may file an answer with the reviewing official within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.
(b) In the answer, a defendant—
(1) Must admit or deny each of the allegations of liability contained in the complaint (a failure to deny an allegation is considered an admission);
(2) Must state any defense on which the defendant intends to rely;
(3) May state any reasons why he or she believes the penalties, assessments, or both should be less than the statutory maximum; and
(4) Must state the name, address, and telephone number of the person authorized by the defendant to act as the defendant's representative, if any.
(c) If the defendant is unable to file a timely answer which meets the requirements set forth in paragraph (b) of this section, the defendant may file with the reviewing official a general answer denying liability, requesting a hearing, and requesting an extension of time in which to file a complete answer. A general answer must be filed within 30 days of service of the complaint.
(d) If the defendant initially files a general answer requesting an extension of time, the reviewing official must promptly file with the ALJ the complaint, the general answer, and the request for an extension of time.
(e) For good cause shown, the ALJ may grant the defendant up to 30 additional days within which to file an answer meeting the requirements of paragraph (b) of this section. Such answer must be filed with the ALJ and a copy must be served on the reviewing official.

## Nearby sections

- [45 CFR § 681.1 § 681.1 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.1.md)
- [45 CFR § 681.2 § 681.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.2.md)
- [45 CFR § 681.3 § 681.3 What is the basis for the imposition of civil penalties and assessments?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.3.md)
- [45 CFR § 681.4 § 681.4 Who investigates program fraud?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.4.md)
- [45 CFR § 681.5 § 681.5 What happens if program fraud is suspected?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.5.md)
- [45 CFR § 681.6 § 681.6 When may NSF issue a complaint?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.6.md)
- [45 CFR § 681.7 § 681.7 What is contained in a complaint?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.7.md)
- [45 CFR § 681.8 § 681.8 How will the complaint be served?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.8.md)
- [45 CFR § 681.9 § 681.9 How does a defendant respond to the complaint?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.9.md)
- [45 CFR § 681.10 § 681.10 What happens if a defendant fails to file an answer?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.10.md)
- [45 CFR § 681.11 § 681.11 What happens once an answer is filed?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.11.md)
- [45 CFR § 681.12 § 681.12 What kind of hearing is contemplated?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.12.md)
- [45 CFR § 681.13 § 681.13 At the hearing, what rights do the parties have?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.13.md)
- [45 CFR § 681.14 § 681.14 What is the role of the ALJ?](https://www.frixlaw.com/law-library/statutes/ecfr-45-681.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-45-681.9. Check the current official text before relying on it. Not legal advice.