PURPOSE: This rule provides for disposition by agreed settlement, stipulation, and consent order; motion to dismiss; relief in the nature of judgment on the pleadings and summary judgment as required by section 536.073.3, RSMo 2000; and other procedures.

1. (1) Settlement. Settlement means agreed settlements and consent agreements. The parties may settle all or any part of the case without any action by the commission, where such settlement is permitted by law. If the parties settle all of the case, petitioner shall file a notice of dismissal as described in section (2) of this rule.

2. (2) Notice of Dismissal. Petitioner may voluntarily dismiss the complaint as set forth in this section. Petitioner shall effect a voluntary dismissal by filing a notice of dismissal. The notice of dismissal shall state that petitioner dismisses the complaint.

   1. (A) A notice of dismissal dismisses the complaint, and is effective as of the date on which petitioner files it, without any action by the commission.

   2. (B) Petitioner may dismiss the complaint without prejudice:

      1. 1. Before the filing of a motion for deci-

sion without hearing under section (3) of this rule or the introduction of evidence at the hearing, whichever is earlier, without the commission’s leave.

1. 2. After the filing of a motion for deci-

sion without hearing under section (3) of this rule or the introduction of evidence at the hearing, whichever is earlier, only with leave of the commission or with written consent of the adverse party. The commission shall grant leave freely when justice so requires.

1. (3) Summary Determination and Other Decisions Without Hearing. A decision without hearing includes decisions on stipulated facts, consent orders, involuntary dismissals, relief in the nature of judgment on the pleadings, and relief in the nature of summary judgment. It does not include the parties’ settlement under section (1) of this rule or petitioner’s notice of dismissal under section (2) of this rule. Summary determination includes any motion for a decision without hearing other than a consent order under subsection

2. (C) of this section or involuntary dismissal under subsection (D) of this section. A party may file a motion for a decision without a hearing on all or any part of the complaint.

   1. (A) Timing.

      1. 1. In any case, other than those set forth

in paragraph 2. of this subsection, a motion for decision without hearing shall be filed no less than forty-five (45) days before the hearing.

1. 2. In any case in which any legal author-

ity other than the commission sets any maximum time for conducting a hearing on the merits of the complaint, no party shall file a motion for decision without hearing without leave of the commission.

1. (B) Standard. The commission may grant a motion for decision without hearing if undisputed facts entitle any party, including a party who did not file such motion, to a favorable decision on all or any part of the case. A party may establish such material facts by stipulation, the adverse party’s pleadings or discovery responses, affidavits, or other evidence admissible under the law. A party’s own pleadings do not, alone, establish any fact or put any fact genuinely in dispute.
2. (C) Consent Orders. Parties seeking a consent order shall submit the case on a motion that includes substantially the following language.

The parties stipulate that (party) committed the following conduct:

(Conduct).

(Party) admits that such conduct is cause for (the relief sought) under the following legal authority:

(Legal Authority).

Therefore, the parties agree to (the relief sought).

The commission may deny any motion for a consent order that does not contain the facts necessary to support the relief sought under the cited legal authority.

1. (D) Involuntary Dismissal. Involuntary dismissal means a disposition of the case that does not reach the merits of the complaint. Grounds for involuntary dismissal of the complaint include without limitation:

   1. 1. Lack of jurisdiction; and
   2. 2. The bases for a sanction set forth at

regulation 1 CSR 15-3.425. 1 CSR 15-3

1. (E) Argument. On any motion under section (3) of this rule, the commission may allow such written argument as it deems helpful and oral argument as provided in rule 1 CSR 15-3.480.

AUTHORITY: sections 536.073, RSMo 2000 and 621.198, RSMo Supp. 2001.* Original rule filed June 3, 2002, effective Nov. 30, 2002. *Original authority: 536.073, RSMo 1957, amended 1985, 1989, 1995 and 621.198, RSMo 1965, amended 1978, 2001.