1. (1) The department shall file an answer.
2. (2) An answer shall- ‘(A) Be in writing;
3. (B) Admit those portions of the complaint the department believes are true and deny thoseportions ofthecomplaintthedepartment believes are not true;
4. (C) Assert as a defense any specific failure of the complaint to comply with 1 CSR 15-6.350 or waive that defense by not asserting it;
5. (D) Be signed by the department or its attorney.

6. (3) When the department has denied the petitioner participation in any program established under the provisions of Chapter 208, RSMo, the answer, in addition to the requirements of section (21 of this rule, shall-

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   CODEOFSTATE REGULATlOMS 1 CSR 15-6 ,

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7. (A) Describe any conduct that is cause for denial with sufficient specificity to enable the petitioner to prepare for hearing; [B) State which provisions of law provide a basis for denying the petitioner participation in the program;
8. (C) Include a copy of the department’s order or notice of which the petitioner seeks review; and
9. (D) Set forth facts which show that the department has complied with any provisions of law requiring it to notify the petitioner of its actions.
10. (4) The department shall file any responsive pleading no later than thirty (30) days after receiving the notice of complaint.

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

    1. (A) Ifthe commission denies the request, the department 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 department sha!l file the answa no later than ten (IO) days after the commission so orders;
    3. (C) If the commission issues an order granting the request, but the order does not disposeoftheentirecomplaint, thedepartment shall file theanswernolater than ten (IO) days after the commission so orders;
    4. (0) If the commission orders the petitioner to amend the complaint, the department shall file the answer no later than ten (10) days after service of the amended complaint. In any case, the time allowed for filing an answer shall be no less than thetime which remained when the pleading was filed.
12. (6) The department 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, whichever is longer, unless the commission orders otherwise.
13. (7) Otherwise, the department shall amend the answer only with the commission’s leave.

14. (8) Failure to File.

    1. (A) The commission, on its own motion or that of any party, may order a remedy for the respondent’s faiiure to file an answer or other responsive pleading, or failure to otherwise comply with this rule. 1CSR 156-ADMINISTRATION
    2. (B) The 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 under this section may include an order that the respondent is deemed to have-

       1. 1. Admitted the facts pleaded in the

complaint;

1. 2. Waived any defense to the complaint;

and

1. 3. Defaulted on any issue raised in the

complaint.

1. (D) The commission may dispose of any issue on which it deems respondent to have defaulted. The commission shall determine the appropriate remedy based on the facts of the case. The 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 the petitioner to the relief requested in the complaint unless the commission so orders.

Auth: section 621.198, RSMo 11994%’ Original rule f&d Aug. 5, 1992, effecteetiue Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effectectiue May 28,1995. *Original authority 1965, amended 1978.