Missouri Code of State Regulations
Title 1 - OFFICE OF ADMINISTRATION
Division 15 - Administrative Hearing Commission
Chapter 3 - Procedure For All Contested Cases Under Statutory Jurisdiction, Except Cases Where Procedure Is Otherwise Provided For By Law
Section 1 CSR 15-3.436 - Involuntary Dismissal

(1) Involuntary dismissal means a disposition, or recommended disposition, against petitioner that does not reach the merits of the complaint. The commission may order involuntary dismissal on its own motion. Grounds for involuntary dismissal include:

(2) Respondent may file a motion for involuntary dismissal on all or any part of the complaint except that, unless the commission grants leave otherwise, respondent shall not file a motion for involuntary dismissal-

(3) The commission may grant a motion for involuntary dismissal based on a preponderance of admissible evidence. Admissible evidence includes an allegation in the complaint, stipulation, discovery response of the petitioner, affidavit, or other evidence admissible under the law. In response to a motion for involuntary dismissal, petitioner shall not rely solely on the allegations in the complaint unless the motion relies solely on the allegations in the complaint.

(4) If a motion for involuntary dismissal relies on matters other than allegations in the complaint and stipulations, the commission shall either-

(5) On any motion under this rule, the commission may allow such written argument as it deems helpful and may rule on the motion without oral argument.