Initial and Amended Pleadings

Section 270.422  Initial and Amended Pleadings a)         Form of Pleadings 1)         If an initial or amended pleading is not in writing, it is to be made part of the record. 2)         Written pleadings shall be clear and legible. 3)         Reproductions may be by any process, if all copies are clear, accurate and permanently legible. b)         Contents of Pleadings 1)         All pleadings will include the following information: A)        The full name and relevant contact information of the individual or entity and the individual's or entity's representative, if applicable; B)        A plain and concise statement of any facts upon which the pleadings are based; C)        The specific relief sought; and D)        If known, the statutory authority or rules upon which the relief is sought. 2)         If the information described by subsection (b)(1) is not readily available to the individual or entity, the individual or entity needs to supply sufficient information to identify the specific action or inaction that is the basis for the request for an administrative hearing. 3)         Written Pleadings A)        All written pleadings in proceedings under this Subpart to which a docket number has been assigned will display the docket number. Written pleadings initiating a new proceeding will leave a space for the docket number. B)        Written pleadings will be dated and signed by the individuals or entities filing them or their authorized representatives. c)         For purposes of initial pleadings, a facsimile of a written, signed request, an electronically signed request, an electronic account request, or a request by other valid electronic means is considered the same as the original written, signed request. d)         An individual or entity filing written pleadings pursuant to this Subpart will serve the pleadings on each known party in accordance with Section 270.424 (Service). e)         Amendment of Pleadings 1)         A request to amend an initial pleading may be made in writing prior to the hearing or made on the record prior to the conclusion of the hearing. 2)         An amended pleading may be filed in the same manner as the original pleading or it may be presented to the ALJ during the course of the hearing.