PURPOSE: This rule describes how a case may be dismissed with or without prejudice.

1. (1) The commission may dismiss with or without prejudice any complaint for petitioner’s failure to—

   1. (A) Comply with any of these rules;
   2. (B) Comply with any order of the commission;
   3. (C) Keep the commission apprised of a current mailing address; or
   4. (D) Appear at the hearing on the complaint, if petitioner has the burden of proof.
2. (2) Petitioner may dismiss the complaint without prejudice without the commission’s leave any time before the introduction of evidence at the hearing. After the introduction of evidence, petitioner may dismiss the action without prejudice only with leave of the commission or with written consent of the adverse party. The commission shall grant leave freely when justice so requires.

3. (3) The commission shall allow a party who has dismissed its complaint and after that filed another complaint upon the same claim to dismiss the complaint without prejudice only—

   1. (A) With the signed consent of the opposing party; or
   2. (B) By leave of the commission. The commission shall make such an order only upon the party’s motion. The motion shall state the reason for the dismissal.
4. (4) If the parties settle their dispute on the condition that petitioner dismiss his/her case with prejudice, petitioner shall file a motion to that effect. The motion may include a copy of any document embodying the settlement terms.
5. (5) The commission may treat any respondent’s motion to dismiss that includes matters outside the pleadings as a motion for summary determination under 1 CSR 15-2.450(4).

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.