20:10:01:11.01.  Defenses to complaint. The defenses set forth in SDCL 15-6-12(b) may be raised by motion to dismiss or answer, at the option of the respondent. All other defenses to the complaint shall be raised by answer. The motion to dismiss or answer, accompanied by proof of service on the complainant, shall be filed with the commission. The answer shall specifically admit or specifically deny material allegations of the complaint and may also contain a statement of new matters constituting an affirmative defense. If the respondent has no information or belief on the subject sufficient to enable the respondent to answer an allegation of the complaint, the respondent may so state in the answer and deny the allegation on that ground.

          Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:15, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 89, effective December 27, 1998; 26 SDR 110, effective March 7, 2000; 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 49-1-11(2),(4), 49-34A-4(6).

          Law Implemented: SDCL 49-1-11(2),(4), 49-13-1, 49-34A-4(6).

          Cross-Reference: Service of a consumer complaint -- Service of other complaints, § 20:10:01:09.