Section 811.10.22. Pleadings.  


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  •        10.22(1) Pleadings may be required by rule, by notice of hearing, or by order of the presiding officer.

           10.22(2) Petition.

            a.           Any petition required in a contested case proceeding shall be filed within 20 days of delivery or 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 provision of statutes and rules involved;

           (3)             The relief demanded and the facts and laws relied upon for such relief; and

           (4)             The name, address and telephone number of the petitioner and the petitioner’s attorney.

           10.22(3) Answer. An answer may be filed within 20 days of service of the petition. 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.

    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 which could have been raised on the basis of facts known when the answer was filed if any party would be prejudiced.