Iowa Admin. Code r. 129-6.13 - Pleadings
(1)
When
required. Pleadings may be required by rule, by the notice of hearing,
or by order of the presiding officer .
(2)
Petition.
a. Any petition required in a contested case
proceeding shall be filed within 20 days of delivery of the notice of hearing
or subsequent order of the presiding officer , unless otherwise
ordered.
b. A petition shall state
in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
the petition is filed;
(2) The
particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
relied upon for such relief; and
(4) The name, address and telephone number of
the petitioner and the petitioner's attorney, if any.
(3)
Answer.
a. An answer shall be filed within 20 days of
service of the petition unless otherwise ordered.
b. A party may move to dismiss or apply for a
more definite and detailed statement when appropriate.
c. An answer shall show on whose behalf it is
filed and specifically admit, deny, or otherwise answer all material
allegations of the pleading to which it responds.
d. An answer shall state any facts deemed to
show an affirmative defense and contain as many additional defenses as the
pleader may claim.
e. An answer
shall state the name, address and telephone number of the person filing the
answer, the person or entity on whose behalf it is filed, and the attorney
representing that person, if any.
f.
Any allegation in the petition not denied in the answer is considered admitted.
The presiding officer may refuse to consider any defense not raised in the
answer which could have been raised on the basis of facts known when the answer
was filed if any party would be prejudiced.
(4)
Amendment. Any notice of
hearing or petition may be amended before a responsive pleading has been filed.
Amendments to pleadings after a responsive pleading has been filed and to an
answer may be allowed with the consent of the other parties or in the
discretion of the presiding officer . The presiding officer may impose terms as
a condition of allowing such amendments or grant a continuance.
Notes
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