1. (A) Comply with any of these rules;

   SP..bry Of state

Chapter 64ledicaid Cases

[B) Comply with any order of the commission; (C) Keep the commission apprised of a current mailing address; or (D) Appear at the hearing on the complaint.

1. (2) The petitioner may dismiss the complaint without prejudice without the commission’s leave any time before the introduction of evidence at the hearing. After the introduction of evidence, the petitioner may dismiss the action without prejudice only with leave of the commission or with written consent of the adverse party. The commission shall grant leave freely when justice so requires.

2. (3) The commission shall allow a party who has dismissed a complaint and after that filed another complaint upon the same claim to i;is:s the complaint without prejudice

   (Ai With the signed consent of the ommsina . . . . I I party; or party; or - - (B) By leave of the commission. The com- (B) By leave of the commission. The commission shall make this order only upon the mission shall make this order only upon the party’s motion. The motion shall state the party’s motion. The motion shall state the reason for the dismissal. reason for the dismissal.

3. (4) If the parties settle their dispute on the condition that petitioner dismiss his/her case with prejudice, the petitioner shall file a motion to that effect. The motion mav include a copy of any document embodiing the settlement terms.

4. (5) The commission may treat any respondent’s motion to dismiss that includes matters outsidethepleadings as amotionforsummary determination under 1 CSR 15.6.450(4).

   Auth: section 621.198, RSMo (J994/.* Original rule filed Aug. 5, 1991, efjective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effectectiue May 28, 1995. iOri~inalauthority 1965, mended 1978.

1 CSR E-6.450 Determination of Cases Without Hearing

PURPOSE: This ruleprouides for dispasition of a contested case by st&dation, agreed settlement or by disposition in the nature of default judgment, judgment on the pleadings 01‘ s!mmary judgment as reqdred by section 536.073, RSMo (Cum. Supp. 1990).

. . [I) Stipulation. The parties may waive hearing before the commission or consent to a finding of any fact. iA) 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. (B) The commission’s findings of fact and conclusions of law may incorporate the parties’ stipulation.

1. (2) Failure to Appear at Hearing.
2. (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.
3. (B) A respondent with the burden of proof who fails to appear at hearing shall be deemed to have abandoned its argument.
4. (3) Determination on the Pleadings.
5. (A) Any party may move for determination on the pleadings no fewer than thirty (30) days before a hearing on the complaint, or ten (10) days after the 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.
6. (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 m the motion for determination on the pleadings.
7. (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 mat. ters, the commission shall dispose of the motion as one for summary determination. The commission shall give all parties reasonableopportunity to present allmatterspertinent 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).
8. (D) The provisions of I CSR 15-6.480 govern whether the commission will hear oral argument or evidence on the motion.
9. (4) Summary Determination.

10. (A) For Petitioner. The petitioner may move for summary determination on all or any part of the complaint after the time has passed for the department to file a responsive pleading or

    CODE OF STATE AEGULATIONS 1 CSR 15-6 , m

in response to this motion filed by the department.

1. (B) For the Department. The department may move for summary determination on ail or any part of the complaint.
2. (C) Motion and Proceedings. The movant shall serve the motion for summary judgment, upon an adverse party no fewer than thirty (30) days before the time fixed for hearing on the complaint. The opposing party may serve opposing affidavits before the dav of any hearing on the motion. The corn&ion shall grant the motion if the pleadings and evidence on file show that there is no genuine issue as to anymaterialfactandthatanypartyisentitled 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.

1. (D) Case Not Fully Adjudicated on Motion. If the commission grants the motion, but not as to the entire complaint, it shall issue an order finding facts. Those facts shall be established for purposes of the hearing on the complaint.

   1. (E) Form A party filing a motion under this section may file withor without affidavits. Thecommission may permit a party to supplement or oppose affidavits by depositions or further affidavits. Affidavits filed by anY party shall be made on 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.

2. (F) Defense Required. When a party supports a motion under this section with affi. davits or other evidence, an adverse party shall not rest upon the mere allegations or denial of its own 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. G) The provisions of 1 CSR 15.6.480 govern whether the commission will hear oral argument or evidence on the motion.

   Auth: sections 536.073.2121 and 621.198, RSMo (1994).* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. *Original authority: 536.073.212), RSMo (1957j, amended 1985,1989 and 621.198, RSMo (19651, amsnded 1978. lCSR15-6-ADMINISTRATION