(6)
Initiation
of Formal Adjudicatory Proceedings
- Agency
Notice of Action. When an Agency
initiates a proceeding against a Person regarding an Agency action
or intended action, the Agency shall provide the Person with notice
of the action or an order to show cause why the action should
not be taken. The notice or order shall state the reason for the
action. It shall specify in numbered paragraphs the specific facts
relied upon as the basis for the action, the statute(s) or regulations
authorizing the Agency to take action, and, in the case of a notice,
any right to request an Adjudicatory Proceeding.
- Claim
for Adjudicatory Proceeding.
Any Person with the right to initiate an Adjudicatory Proceeding
may file a notice of claim for an Adjudicatory Proceeding with
the Agency within the time prescribed by statute or Agency rule.
In the absence of a prescribed time, the notice of claim must
be filed within 30 days from the date that the Agency notice of
action is sent to a Party.
- Form
and Content of Claims. The notice
of claim for an Adjudicatory Proceeding shall identify the basis
for the claim. The notice shall state clearly and concisely the
facts upon which the Party is relying as grounds, the relief sought
and any additional information required by statute or Agency rule.
- Answer.
- Answer
to Claim. Except as statute or
Agency rule may otherwise prescribe, within 21 days of receipt
of a notice of claim for an Adjudicatory Proceeding, a Respondent
shall file an answer to the initiating pleading. The answer shall
contain full, direct and specific answers. The answer shall admit,
deny, further explain, or state that the Respondent has insufficient
knowledge to answer with specificity the initiating Party's allegations
or claims. An allegation of inability to admit or deny for lack
of information shall be treated as a denial. The answer shall
also contain all affirmative defenses which the Respondent claims
and may cite any supporting statute or regulation. All allegations
contained in an initiating pleading which are neither admitted
nor denied in the answer shall be deemed denied.
- Answer
to Order to Show Cause. Except
as statute or Agency rule may otherwise prescribe, within 21 days
of receipt of an order to show cause, a Respondent shall file
an answer thereto. The answer shall contain full, direct and specific
answers. The answer shall admit, deny, further explain, or state
that the Respondent has insufficient knowledge to answer with
specificity the initiating Party's allegations or claims. An allegation
of inability to admit or deny for lack of information shall be
treated as a denial. The answer shall also contain all affirmative
defenses which the Respondent claims and may cite any supporting
statute or regulation. All allegations contained in an initiating
pleading which are neither admitted nor denied in the answer shall
be deemed denied.
- Agency
Answer. An Agency shall not be
required to file an answer if, at the time the Agency took the
action being appealed, the Agency disclosed to the Petitioner
the material facts on which the Agency relied in taking such action
and the statutes and/or regulations which authorized or required
the Agency to take such action.
- Joinder
of Additional Parties and Amendments of Pleadings.
If a Person is later joined or allowed to intervene, or allowed
as a substitute Party, the Presiding Officer, upon his or her
own initiative or upon the motion of any Party, may establish
reasonable times for the filing of pleadings or other documents
by any additional Party. The Presiding Officer may allow the amendment
of any pleading previously filed by a Party upon conditions just
to all Parties, and may order any Party to file an Answer or other
pleading, or to reply to any pleading.
- Withdrawal.
Any Party may, by motion, apply to withdraw a claim, a defense,
or a request for action or for review, upon terms established
by Agency rule, or which the Presiding Officer may allow in fairness
to all Parties.
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