Answers and Supplementary Pleadings

PURPOSE: This rule describes the form and content of the answer and supplementary pleadings and how they shall be filed. (1) Answers. (A) Matters Prosecuted by a Division before the Director. In any proceeding in under the Insurance Laws which the Consumer Affairs Division, or any other division in the department pursuant to any provision in Chapters 354 and 374 through 385, RSMo, has submitted a petition or statement of charges to the director, or a party challenging the factual basis for an order shall file an answer to the assertions made by the division in its petition. The answer shall be filed within thirty (30) days of receipt of the hearing order, unless the director orders additional time. All answers shall be in writing and should admit those portions of the petition which respondent believes are true and deny those portions of the petition which respondent believes are not true, or for which respondent is without sufficient information to either admit or deny. The answer shall contain a concise statement of those facts, which the respondent believes are true and relevant to the issues raised in the petition. The respondent or legal counsel must sign the answer. (B) Matters Prosecuted by Others before the Director. In those cases where an applicant has filed a petition and a division within the department has been assigned the duty to file an answer, the answer shall set forth the factual and legal basis for the action of the director. Unless the answer specifically pleads that the petition failed to comply with 20 CSR 800-1.030, objections for failure to comply will be deemed to be waived by the division. Absent a showing that the division has complied with the law and these rules, no complaint of an applicant will be dismissed without a hearing on the merits. (C) Matters Referred to or Pending in the Administrative Hearing Commission. The hearings before the Administrative Hearing Commission pursuant to section 374.051, RSMo, are governed by the rules in Chapter (2) Rules and Supplementary Pleadings in Matters before the Director. (A) A petition may be amended without leave of the director at any time preceding the filing of an answer or other responsive pleading by the respondent. After respondent has filed a responsive pleading, leave must be granted to amend or modify any petition. (B) Answers may be modified or amended without leave of the director at any time up to five (5) days preceding the date on which the hearing in the case is actually held. After this time, all modifications or rules to answers may be made only upon leave being granted by the director. (C) Unless otherwise ordered, the filing of an answer shall not stay the proceeding or extend the time for the performance of any act. (D) A party may participate in the proceedings without forfeiting any jurisdictional objection, if the objection is raised at or before the time the party files an answer and before the commencement of the hearing. AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008. *Original authority: 354.120, RSMo 1973, amended 1983, 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo 2007.