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Chapter 480-39 PLEADINGS

Rule 480-39-.01 Initial Pleading

(1) The hearing in a contested case shall be commenced by the Board's filing of a notice of hearing directed to the respondent or respondents.
(2) Every pleading or other paper submitted for filing in a contested case, to the extent possible, shall contain the following:
(a) A title which indicates the nature of the proceeding and the parties involved therein;
(b) The name of the Board;
(c) A short and plain statement of the nature of the pleading (e.g. Answer, Motion for Continuance, etc.);
(d) In addition, the notice of hearing shall, to the extent possible, contain the following:
1. A short and plain statement of the matters asserted or the issues involved;
2. A clear and concise statement of the laws involved;
3. A notice of the rights of the person to whom the notice of hearing is directed;
4. A statement that an answer to the matters asserted is required; and
5. Any other information required by law or deemed appropriate by the Board.

Rule 480-39-.02 Answer

The party to whom a notice of hearing is directed must file with the Board an answer within fourteen (14) days after service of the notice of hearing. All allegations contained in the notice of hearing which are not specifically admitted are deemed denied.

Rule 480-39-.03 Replies

A reply to the answer shall not be permitted and any new matters asserted in the answer shall be deemed denied.

Rule 480-39-.04 Amendments

Any party, including the Board, may amend any pleading or notice without leave until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee and leave shall be freely given when justice so requires. If an amendment is made to a notice of hearing, the answer to said amended notice shall be filed within seven (7) days after service of the amended notice, unless otherwise ordered by the Board or its designee.