Iowa Admin. Code r. 185-10.12 - Pleadings
(1)
Pleadings. Pleadings may be required by rule, by the notice of
hearing, or by order of the presiding officer .
(2)
Hearing complaint .
a. The division , a local authority having
jurisdiction, or the department of public safety may give written notice of the
cause for action in the form of a hearing complaint and an opportunity for a
hearing to a licensee, permittee, or holder of a certificate of compliance for
any of the following:
(1) A violation of Iowa
Code chapter 123.
(2) A violation
of the division 's administrative rules.
(3) Failure to comply with an order issued by
the division .
(4) Failure to fully
cooperate during an investigation, audit, or inspection of the licensee,
permittee, or certificate holder, including failure to respond to an inquiry
within ten business days of the date of mailing by certified mail, return
receipt requested, of a written request for information or records directed to
the licensee's, permittee's, or certificate holder's last address on file with
the agency.
b. A hearing
complaint shall state in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
the hearing complaint 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 hearing complaint unless otherwise ordered. A party may move to
dismiss or apply for a more definite and detailed statement when
appropriate.
b. 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. It shall
state any facts deemed to show an affirmative defense and contain as many
additional defenses as the pleader may claim.
c. 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.
d. Any allegation in the
hearing complaint 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, hearing complaint , or other charging document 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 who may impose
terms or grant a continuance.
Notes
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