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.
