Ala. Admin. Code r. 770-X-4-.11 - Pleading And Answers
(1)
Each person against whom a complaint is directed must plead or answer at least
five days prior to the date set for hearing, but no later than 30 days from the
filing of the complaint. All answers must admit or deny the truth of all
material allegations of the complaint and may set forth any additional facts or
matters material to the issue or in bar or abatement of the proceeding.
Averments not denied or confessed and avoided shall be taken as admitted. If
the person is without knowledge, he shall so state and such statements shall
operate as a denial. If the person shall make satisfaction to the complainant
before the cause comes on for hearing or before same is finally disposed of by
the Commission, he shall obtain from the complainant a written acknowledgment
of such satisfaction setting forth the terms and conditions thereof and file
the same with the Commission.
(2)
Where more than one person is involved in a complaint, they may make joint
answers thereto.
(3) If a defendant
in a complaint case seeks affirmative relief, a counterclaim may be
filed.
(4) The original answer,
counterclaim, or other pleading, with ten (10) copies, must be filed with the
Commission, 100 North Union Street, Montgomery, Alabama, 36104, and at the same
time, a copy of said answer to pleading, or a counterclaim shall be served by
the defendant making such answer, counterclaim, or pleading by U.S. Mail,
Postage Prepaid, upon each complainant or his attorney of record. The defendant
or his attorney of record shall certify to the Commission that said service has
been made.
(5) All pleadings,
answers and counterclaims must be in writing signed by the party or his
attorney of record.
(6) The
Commission, or the presiding Commissioner or Administrative Law Judge shall
entertain all motions and pleadings made or filed in any proceeding which are
not specifically covered by these rules as may in their or its discretion be
deemed proper, except an Administrative Law Judge cannot grant a motion to
dismiss any proceeding. All such motions shall be in writing and shall set
forth the relief sought and shall be served as any other pleading or answer,
except those offered during a hearing.
Notes
Author: Alabama Public Service Commission
Statutory Authority: Code of Ala. 1975, §§ 37-1-38, 37-1-63, 37-1-86, 37-1-89, 37-3-28.
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