Iowa Admin. Code r. 641-33.13

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 641-33.13 - Pleadings

(1)Pleadings. Pleadings may be required by rule, by the statement of charges, or by order of the presiding officer.

(2)Answer.

a. An answer shall be filed within 20 days of service of the statement of charges and notice of hearing that:

(1) Identifies on whose behalf it is filed;

(2) Sets forth the name, address and telephone number of the person filing the answer, the person on whose behalf it is filed, and the attorney, if any, representing that person;

(3) Specifically admits, denies or otherwise answers all material allegations of the statement of charges; and

(4) Sets forth any facts deemed necessary to show an affirmative defense and contain as many additional defenses as the respondent may claim.

b. The presiding officer may refuse to consider any defense not raised in the answer that could have been raised on the basis of facts known when the answer was filed if any party would be prejudiced.

(3)Amendments. Any notice of hearing or statement of charges may be amended before a responsive pleading has been filed. Otherwise, a party may amend a pleading only with the consent of the other parties or at the discretion of the presiding officer who may impose terms or grant a continuance.

Iowa Admin. Code r. 641-33.13

ARC 9057B, IAB 9/8/10, effective 10/13/10; ARC 1223C, IAB 12/11/2013, effective 1/15/2014

Adopted by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024