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.

   1. (A) Generally.

      1. 1. A decision without hearing includes

consent orders, involuntary dismissals, and summary determinations. A party may file a motion for a decision without a hearing on all or any part of the complaint.

1. 2. Timing.

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

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

1. B. 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, no party shall file a motion for decision without hearing without leave of the commission. 3. If a motion for a decision without a hearing relies on matters other than the pleadings and stipulations, the commission may treat it as a motion for summary determination. (B) Specific Motions. 1. Consent order. A. Cases not under section 621.045, RSMo. A consent order is the commission’s memorialization that the parties have agreed to dispose of the case without the commission’s decision. B. Cases under section 621.045, RSMo. 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. 2. Involuntary dismissal. Involuntary dismissal means a disposition of the case that does not reach the merits of the complaint. A. Grounds for involuntary dismissal of the complaint include without limitation: (I) Lack of jurisdiction; and (II) The bases for a sanction set forth at regulation 1 CSR 15-3.425. B. The commission may grant a motion for involuntary dismissal based on a preponderance of the evidence and as set forth at 1 CSR 15-3.480. 3. Summary determination. Summary determination includes a decision on stipulated facts, relief in the nature of judgment on the pleadings, and relief in the nature of summary judgment. Petitioner shall not file a 1 CSR 15-3 motion for summary determination until the time for filing a responsive pleading has expired, except on stipulated facts. The commission may grant a motion for summary determination in favor of any party, including a party who did not file the motion. A. The commission may grant a motion for summary determination if any party establishes facts that entitle any party to a favorable decision on all or any part of the complaint, and no party raises a genuine issue as to such facts. B. A party may establish a fact, or raise a genuine issue as to any fact, by stipulation, pleading of the adverse party, discovery response of the adverse party, affidavit, or other evidence admissible under the law. C. Except in response to a motion that relies solely on the pleadings, a party shall not rely solely on its own pleading to establish a fact, or to raise a genuine issue as to any fact. (C) 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 at 1 CSR 15-3.480. (D) 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. 2003.* Original rule filed June 3, 2002, effective Nov. 30, 2002. Amended: Filed June 1, 2004, effective Nov. 30, 2004.

*Original authority: 536.073, RSMo 1957, amended 1985, 1989, 1995 and 621.198, RSMo 1965, amended 1978, 2001.