(1) Pleadings,
other than the notice of appeal, will not be required in appeals from a
licensing decision by a gaming representative, gaming board, or board of
stewards. However, pleadings may be required in other contested cases or as
ordered by 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 An answer shall be
filed within 20 days of service of the petition unless otherwise ordered. A
party may move to dismiss or apply for a more definite and detailed statement
when appropriate.
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.
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.
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 that 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
appeal, notice of hearing, petition, 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.
