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) The respondent shall file an answer.

2. (2) An answer shall—

   1. (A) Be in writing;
   2. (B) Admit those portions of the complaint which the respondent believes are true and deny those portions s/he believes are not true;
   3. (C) Assert as a defense any specific failure of the complaint to comply with 1 CSR 15- 3.350 or waive that defense by not asserting it; and
   4. (D) Be signed by the respondent or his/her attorney.
   5. (E) Describe any conduct that is cause for the action that petitioner is appealing with sufficient specificity to enable the petitioner to prepare for hearing;
   6. (F) State which provisions of constitution, statute, or regulation provide the legal basis for the action that petitioner is appealing;
   7. (G) Include a copy of any written notice of the action of which petitioner seeks review, unless such written notice was included in the complaint; and
   8. (H) Set forth facts which show that the respondent has complied with any provisions of law requiring him/her to notify the licensee of the action that petitioner is appealing.
3. (3) The respondent shall file any responsive pleading no later than thirty (30) days after receiving the notice of complaint.

4. (4) The filing of a responsive pleading, other than an answer, that requests the commission to take some action shall increase the time in which the respondent shall file an answer, as set by section (3) of this rule, as follows, unless the commission orders otherwise—

   1. (A) If the commission denies the request, the 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, the 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 Contested Cases, Except Licensing Cases Under Section 621.045, RSMo
   4. (D) If the commission orders petitioner to amend the complaint, the 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.
5. (5) The 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 answer to the original complaint, whichever is longer, unless the commission orders otherwise.
6. (6) Otherwise, the respondent shall amend the answer only with the commission’s leave.

7. (7) 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) Except in cases under sections 407.822.1 or 407.1031.1, RSMo, petitioner shall file the motion not fewer than thirty (30) days before the hearing on the complaint or the motion shall be waived. In cases under sections 407.822.1 or 407.1031.1, RSMo, petitioner shall file a motion for a remedy only with the commissioner’s leave and pursuant to a schedule ordered by the commission.

   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 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 2000.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001. *Original authority: 628.198, RSMo 1965, amended 1978.