PURPOSE: This rule provides for disposition of a contested case by stipulation, agreed settlement or by disposition in the nature of default judgment, judgment on the pleadings or summary judgment as required by section 536.073, RSMo (Cum. Supp 1990).

1. (1) Stipulation. The parties may waive hearing before the commission or consent to a finding of fact.

   1. (A) The parties may file a stipulation of facts. The parties or their attorneys shall sign the stipulation. The stipulation may include suggested conclusions of law. The stipulation shall contain sufficient facts to support the conclusions of law.
   2. (B) The commission’s findings of fact and conclusions of law may incorporate the parties’ stipulation.

2. (2) Failure to Appear at Hearing.

   1. (A) If a party without the burden of proof fails to appear at hearing, the party with the burden of proof may present evidence in support of its position which shall constitute the sole evidentiary basis for disposition, and the party without the burden of proof shall have waived any objection to the evidence.
   2. (B) A respondent with the burden of proof who fails to appear at hearing shall be deemed to have abandoned its argument.

3. (3) Determination on the Pleadings.

   1. (A) In cases under sections 407.822.1 or 407.1031.1, RSMo, a motion for determination on the pleadings shall be filed only with the commission’s leave and pursuant to a schedule ordered by the commission. In all other cases, any party shall serve a motion for determination on the pleadings no fewer than forty-five (45) days before hearing on the complaint, or ten (10) days after respondent files an amended answer, whichever is later. The motion shall admit, for purposes of the motion, all factual allegations of the opposing party’s pleadings and show that under the law the moving party is entitled to relief.
   2. (B) The commission shall give the opposing party a reasonable time within which to file suggestions in opposition to the motion. If the opposing party amends its pleadings in response to the motion, it shall accompany the amended pleadings by suggestions showing how the pleadings, as amended, cure the deficiencies alleged in the motion for determination on the pleadings.
   3. (C) A party may file, with the commission’s leave, further written arguments. If a party presents matters outside of the pleadings and the commission does not exclude those matters, the commission shall dispose of the motion as one for summary determination. The commission shall give all parties reasonable opportunity to present all matters pertinent to the motion. Matters which may be raised in a motion for determination on the pleadings may include those set forth in Supreme Court Rule 55.27(a).
   4. (D) The provisions of 1 CSR 15-3.480 govern whether the commission will hear oral argument or evidence on the motion.

4. (4) Summary Determination.

   1. (A) For Petitioner. Petitioner may move for summary determination on all or any part of the complaint as this section provides. Except in cases under sections 407.822.1 or 407.1031.1, RSMo, petitioner may so move after the time has passed for the respondent to file a responsive pleading or in response to this motion filed by the respondent.
   2. (B) For the Respondent. The respondent may move for summary determination on all or any part of the complaint as this section provides.
   3. (C) Motion and Proceedings. In cases under sections 407.822.1 or 407.1031.1, RSMo, a motion for determination on the pleadings shall be filed only with the commission’s leave and pursuant to a schedule ordered by the commission. In all other cases, a movant shall serve the motion for summary determination upon an adverse party no fewer than forty-five (45) days before the time fixed for hearing on the complaint. The opposing party may serve opposing affidavits before the day of any hearing on the motion. The commission shall grant the motion if the pleadings and evidence on file show that there is no genuine issue as to any material fact and that any party is entitled to relief as a matter of law as to all or any part of the complaint. The commission may order summary determination against the moving party. Contested Cases, Except Licensing Cases Under Section 621.045, RSMo
   4. (D) Case Not Fully Adjudicated on Motion. If the commission grants the motion, but not as to entire complaint, it shall issue an order finding facts. Those facts shall be established for purposes of the hearing on the complaint.
   5. (E) Form of Affidavits—Further Testimony. A party filing a motion under this section may file with or without affidavits. The commission may permit a party to supplement or oppose affidavits by depositions or further affidavits. Affidavits filed by any party shall be made personal knowledge, shall set forth facts which would be admissible in evidence and shall show affirmatively that the affiant is competent to testify to the matters stated. The affiant shall attach sworn or certified copies of all documents referred to in the affidavit.
   6. (F) Defense Required. When a party supports a motion under this section with affidavits or other evidence, an adverse party’s response shall not rest upon the mere allegations or denial of the adverse party’s pleadings. The adverse party’s response shall set forth specific facts showing that there is a genuine issue of material fact for hearing and support these facts by affidavit or other evidence. If the adverse party does not so respond, the commission shall enter summary determination, if appropriate, against it.
   7. (G) The provisions of 1 CSR 15-3.480 govern whether the commission will hear oral argument or evidence on the motion.

AUTHORITY: sections 536.073.2(2) and 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: 536.073, RSMo 1957, amended 1985, 1989, 1995; and 621.198, RSMo 1965, amended 1978.