PURPOSE: This rule describes who is required to file a responsive pleading, how it shall be filed, the form and content of the answer and how an answer is amended.

1. (1) Respondent shall file an answer.

2. (2) An answer shall—

   1. (A) Be in writing;
   2. (B) Admit those portions of the complaint respondent believes are true and deny those portions of the complaint respondent believes are not true;
   3. (C) Assert as a defense any specific failure of the complaint to comply with 1 CSR 15- 2.350 or waive that defense by not asserting it;
   4. (D) Assert any affirmative defense including a concise statement of the facts upon which that defense is based; and
   5. (E) Be signed by respondent or his/her attorney.

3. (3) An answer filed by an agency, in addition to the requirements of section (2) of this rule, shall—

   1. (A) Describe any conduct that is cause for license discipline or denial of an application for licensure with sufficient specificity to enable petitioner to prepare for hearing;
   2. (B) State which provisions of law provide legal basis for discipline or denial;
   3. (C) Include a copy of the agency order or notice of which petitioner seeks review; and
   4. (D) Set forth facts which show that the agency has complied with any provisions of law requiring it to provide notice of its actions.
4. (4) Respondent shall file any responsive pleading no later than thirty (30) days after receiving the notice of complaint.

5. (5) The filing of a responsive pleading, other than an answer, that requests the commission shall increase the time in which respondent shall file an answer, as set by section (4) of this rule, as follows, unless the commission orders otherwise:

   1. (A) If the commission denies the request, respondent shall file the answer no later than ten (10) days after the commission so orders;
   2. (B) If the commission issues an order postponing its ruling on the request until hearing, respondent shall file the answer no later than ten (10) days after the commission so orders;
   3. (C) If the commission issues an order granting the request, but the order does not dispose of the entire complaint, respondent shall file the answer no later than ten (10) days after the commission so orders; and
   4. (D) If the commission orders petitioner to amend the complaint, respondent shall file the answer no later than ten (10) days after service of the amended complaint. In any case, the time allowed for filing an answer shall be no less than the time which remained when the responsive pleading was filed.
6. (6) Respondent shall file an answer to an amended complaint within ten (10) days after service of the amended complaint or within the time remaining for filing an answer to the original complaint, whichever is longer, unless the commission orders otherwise.
7. (7) Otherwise, respondent shall amend the answer only with the commission’s leave.

8. (8) Failure to File.

   1. (A) The commission, on its own motion or that of any party, may order a remedy for respondent’s failure to file an answer or other responsive pleading, or failure to otherwise comply with this rule.
   2. (B) Petitioner shall file the motion not fewer than thirty (30) days before the hearing on the complaint or the motion shall be waived.

   3. (C) Remedies under this section may include an order that respondent is deemed to have—

      1. 1. Admitted the facts pleaded in the

complaint;

1. 2. Waived any defense to the complaint;

and

1. 3. Defaulted on any issue raised in the

complaint.

1. (D) The commission may dispose of any issue on which it deems respondent to have defaulted. The commission shall determine the appropriate remedy based on the facts of the case. Respondent’s failure to file an answer or other responsive pleading or otherwise comply with this rule shall not constitute the admission of any facts or entitle petitioner to the relief requested in the complaint unless the commission so orders.

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.