Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.065 - Pleadings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the form and procedures
				  for the filing of pleadings during the public hearing process.
(1) After a contested case has been set for
				public hearing, the complaint may be amended by the commission or by the
				complainant-intervenor, within the time limits set by the presiding officer, to
				cure technical defects or omissions, including to clarify and amplify
				allegations made in the complaint. Any amended complaint filed by the
				commission or the complainant-intervenor shall be filed with the presiding
				officer, and a copy shall be served on each party
.
The
				original complaint and all amendments shall be treated together as a single
				complaint. An answer to a complaint or amended complaint shall not be required.
				If no answer is filed, the allegations in the complaint or amended complaint
				shall be deemed denied. However, if an answer is filed, any allegation in the
				complaint not answered shall be deemed admitted. Any affirmative allegation and
				any allegation of new matter contained in an answer shall be deemed denied
				without the necessity of a reply. Any answer must be filed within the time
				limits as may be established by the presiding officer.
(2) Each document shall bear on the first
				page the caption, descriptive title, and number of the matter in which it is
				filed and shall identify the party on whose behalf it is filed. Each document
				shall contain on the final page the name, address, and telephone number and
				Missouri bar number of the attorney in active charge of the case, or name,
				address, and telephone number of the party if appearing
pro
				se
.
(3) Copies of all
				written communications to the presiding officer shall be served on all other
				parties.
(4) When service of any
				notice, rule, order, pleading, motion, or other paper is required, proof of
				service shall be filed with the presiding officer. Proof of service, except
				when otherwise noted, may be shown by acknowledgement or receipt or by
				affidavit or by written certificate of counsel making that service.
(5) Any document submitted by a party that is
				received by the presiding officer beyond the established number of days for
				submittal may be disregarded by the presiding officer.
(6) Where a party requires additional time to
				submit any document, a written request for the extension must be submitted to
				the presiding officer and shall include the positions of all parties to the
				request. The request shall be filed prior to the expiration of the time period
				for the document in question. The presiding officer may grant an extension of
				time only in situations where the need for more time is due to circumstances
				beyond the control of the party so requesting or where refusal to extend the
				time would create an undue hardship on the party so requesting. The presiding
				officer shall notify the party who requested the extension whether it will be
				granted.
(7) Where an extension of
				time is allowed, the presiding officer shall advise the participant who did not
				file the request of the extension and the new due date and that the participant
				shall have the same extension of time.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1998 and 213.075, RSMo 1986, amended
					 1992.