PURPOSE: This rule describes who is required to file a responsive pleading, howitshall befiled, theformandcontent of the answer and how an answer is amended.

1. (1) The committee shall file an answer.

2. (2) An answer shall-

   1. (A) Be in writing;
   2. (B) Admit those portions of the complaint the committee believes are true and deny those portions of the complaint the committee believes are not true;
   3. (C) Assertasadefenseanyspecificfailureof the complaint to comply with 1 CSR 15-5.350 or waive the defense by not asserting it; and
   4. (D) Be signed by the committee or its attorney.

3. (3) The committee shall file any responsive pleading no later than thirty (30) days after it receives the notice of complaint.

   SOCWblY Of state

4. (4) The tiling of a responsive pleading, other than an answer, that requests the commission to take some action shall increase the time in which the committee shall file an answer required by section (1) of this rule as follows, unless the commission orders otherwise:

   1. (A) Ifthecommissiondenies therequest, the committee 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 committee shall file the answerno laterthan ten (10)days afterthecommissionso orders;
   3. (C) If the commission issues an order granting the request, but the order does not dispose of the entire complaint, the committee shall file the answer no later than ten (10) days after the commission so orders;
   4. (D) If the commission orders petitioner to amend the complaint, the committee shall file the answer no later than ten (10) days after service ofthe amended complaint. In any case, the time allowed for filing an answer shall be noless thanthe time which remained when the responsive pleading w&s filed.
5. (5) The committee 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 an answer to the original complaint, whicheverislonger, unless the commission orders otherwise.
6. (6) Otherwise, the committee 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) Petitioner shall file the motion not fewer than thirty (30) days before the hearing on the complaint or that motion shall be waived.

   3. (C) Remedies underthissectionmayinclude an order that respondent is deemed to have-

      1. 1. Admitted the facts uleaded in the

complain$

1. 2. Waned any defense to the complaint;

ana

1. 3. Defaulted on any issue raised in the

complaint. The commission may dispose of any issue on which it deems respondent to have defaulted. The commission shall deter. mine the appropriate remedy based on the facts ofthe 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.

CODEOFSTATEREGULATIONS 1 CSR 15-5 , m

Auth: section 621.198, RSMo 119941.’ Original rule filed Aug. 5,1991, effect& Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. *Original authority 1965, amended 1978.