PURPOSE: This rule provides for motions to dismiss by someone other than petitioner.

1. (1) Involuntary dismissal means a disposition, or recommended disposition, against petitioner that does not reach the merits of the complaint. The commission may order involuntary dismissal on its own motion. Grounds for involuntary dismissal include:

   1. (A) Lack of jurisdiction;
   2. (B) Mootness; and
   3. (C) Grounds for a sanction as set forth in rule 1 CSR 15-3.425.

2. (2) Respondent may file a motion for involuntary dismissal on all or any part of the complaint except that, unless the commission grants leave otherwise, respondent shall not file a motion for involuntary dismissal—

   1. (A) In any case in which any legal authority, other than the commission, sets any maximum time for conducting a hearing on the merits of the complaint; and
   2. (B) In any case less than forty-five (45) days before the hearing, except by leave of the commission for good cause.
3. (3) The commission may grant a motion for involuntary dismissal based on a preponderance of admissible evidence. Admissible evidence includes an allegation in the complaint, stipulation, discovery response of the petitioner, affidavit, or other evidence admissible under the law. In response to a motion for involuntary dismissal, petitioner shall not rely solely on the allegations in the complaint unless the motion relies solely on the allegations in the complaint.

4. (4) If a motion for involuntary dismissal relies on matters other than allegations in the complaint and stipulations, the commission shall either—

   1. (A) Treat the motion for involuntary dismissal as a motion for summary decision Where Procedure Is Otherwise Provided For By Law

under rule 1 CSR 15-3.446; or

1. (B) Convene an evidentiary hearing on the motion.

1. (5) On any motion under this rule, the commission may allow such written argument as it deems helpful and may rule on the motion without oral argument.

AUTHORITY: sections 536.073.3 and 621.035, RSMo 2000 and section 621.198, RSMo Supp. 2010.* Original rule filed July 2, 2008, effective Jan. 1, 2009. Emergency amendment filed Aug. 30, 2010, effective Sept. 9, 2010, expired March 7, 2011. Amended: Filed Aug. 30, 2010, effective Feb. 28, 2011. *Original authority: 536.073, RSMo 1957, amended 1985, 1989, 1995; 621.035, RSMo 1978; and 621.198, RSMo 1965, amended 1978, 2001.