Iowa Code r. 481-10.11 - Pleadings
Pleadings may be required by the notice of hearing or by order of the administrative law judge. If pleadings are required, they shall be filed as follows:
(1)
Petition. When an action of the agency is appealed and
pleadings are required under this rule, the aggrieved party shall file the
petition.
a. Any required petition shall be
filed within 20 days of delivery of the notice of hearing, unless otherwise
ordered.
b. The petition shall
state in separately numbered paragraphs the following:
(1) The relief demanded and the facts and law
relied upon for relief;
(2) The
particular provisions of the statutes and rules involved;
(3) On whose behalf the petition is filed;
and
(4) The name, address and
telephone number of the petitioner and the petitioner's attorney, if
any.
(2)
Answer. If pleadings are required, the answer shall be filed
within 20 days of service of the petition or notice of hearing, unless
otherwise ordered.
a. Any party may move to
dismiss or apply for a more definite, detailed statement when
appropriate.
b. The 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 may contain as many
defenses as the pleader may claim.
c. The answer shall state the name, address
and telephone number of the person filing the answer and of the attorney
representing that person, if any.
d. Any allegation in the petition not denied
in the answer is considered admitted. Any defense not raised which could have
been raised on the basis of facts known when the answer was written may be
waived unless manifest injustice would result.
(3)
Amendment. Any petition,
notice of hearing or other charging document may be amended before a responsive
pleading has been filed. Amendments to pleadings after a responsive pleading
has been filed may be allowed at the discretion of the ALJ or board if
applicable. The presiding ALJ or board may impose terms or grant a continuance
without terms, as a condition of allowing late amendments.
This rule is intended to implement Iowa Code sections 10A.801(7) and 17A.12(6) "a."
Notes
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