PURPOSE: This rule describes the form and content of the complaints, the number of copies required, how the complaints are served and how they are amended.

1. (1) Content in General.

   1. (A) All complaints shall be in writing.

   2. (B) Petitioner shall include in the complaint:

      1. 1. The full name, address and telephone

number of—

1. A. Petitioner;
2. B. Any attorney representing petition-

er; and

1. C. Each respondent that is not a state

agency;

1. 2. Suitable space in the caption for the

commission to affix a case number; and

1. 3. Facts in numbered paragraphs, each

of which shall contain, as far as practical, a single set of circumstances.

1. (C) Petitioner or petitioner’s legal counsel shall sign the complaint.

1. (2) Content of Complaints by Certain Petitioners.

   1. (A) An agency’s complaint shall set forth—

      1. 1. What licenses the licensee holds from

the agency and whether they are in good standing;

1. 2. Any act the licensee has committed

that is cause for discipline, with sufficient specificity to enable the licensee to defend against the charge at hearing; and

1. 3. Any provisions of law that render

these acts cause for discipline.

1. (B) An applicant’s complaint shall—

   1. 1. Set forth the facts which show that the

applicant is entitled to be licensed or to be examined for licensure; and

1. 2. Include a copy of the agency’s deci-

sion or order of which the applicant seeks review.

1. (C) A licensee’s or an aggrieved person’s complaint shall—

   1. 1. Identify the agency’s decision or

order for which review is sought; and

1. 2. Include a copy of the agency’s deci-

sion or order of which petitioner seeks review.

1. (D) The complaint of a licensee may contain a motion for stay.

1. (3) Petitioner shall file the original of the complaint at the commission’s office with sufficient copies for all parties.
2. (4) Notice. The commission shall serve notice of and a copy of the complaint on each respondent by delivery or certified mail. If the attorney general is the petitioner, the commission shall serve the agency which issued the license sought to be disciplined and permit the agency to intervene in the action.
3. (5) Petitioner may amend the complaint without the commission’s leave any time before respondent serves a responsive pleading, except as provided in section (6) of this rule. After respondent serves a responsive pleading, petitioner shall amend the complaint only with the commission’s leave.
4. (6) When petitioner is an agency which bears the burden of proof and respondent fails to appear for the hearing, petitioner shall not amend its complaint at hearing with additional allegations against the licensee, unless petitioner shows that it served an amended complaint with the additional allegations on respondent at least fourteen (14) days before the hearing.
5. (7) The commission shall construe the provisions of this rule liberally if the petitioner has prepared the complaint without legal counsel.
6. (8) The provisions of this rule, except section (4), apply to amended complaints.

AUTHORITY: section 621.198, RSMo 1994.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. *Original authority: 621.198, RSMo 1965, amended 1978.