Chapter 360-18 PLEADINGS
| (1) |
The hearing in a contested case shall be
commenced by the agency's filing of a notice of hearing directed to the
respondent, or respondents. |
| (2) |
Every pleading or other paper submitted for filing in a contested case, to the
extent possible, shall contain the following:
| (a) |
A title which indicates the nature of the
proceeding and the parties involved therein; |
| (b) |
The name of the agency; |
| (c) |
A short and plain statement of the nature
of the Pleading (e.g. Answer, Motion for Continuance, etc.); |
| (d) |
In addition, the notice of hearing shall,
to the extent possible, contain the following:
| 1. |
A short and plain statement of the matters
asserted or the issues involved; |
| 2. |
A clear and concise statement of the laws involved; |
| 3. |
A notice of the rights of the person to
whom the notice of hearing is directed; |
| 4. |
A statement that an answer to the matters
asserted is required; |
| 5. |
Any other
information required by law or deemed appropriate by the agency. |
|
|
The party to whom a notice of hearing is directed must file
with the agency an answer within fourteen (14) days after service of the notice
of hearing. All allegations contained in the notice or hearing which are not
specifically admitted are deemed denied.
A reply to the answer shall not be permitted and any new
matters asserted in the answer shall be deemed denied.
Any party, including the agency, may amend any pleading or
notice without leave of the agency until the eighth day prior to the date set
for the hearing on the matter. Thereafter a party may amend his pleadings only
by leave of the Board or its designee, and leave shall be freely given when
justice so requires. If an amendment is made to a notice of hearing, the answer
to said amended notice shall be filed within seven (7) days after service of
the amended notice, unless otherwise ordered by the presiding
officer.
