SECTION 165:5-9-1. Response to initial pleading

(a)   Scope. Except where otherwise specifically provided in this Chapter, including the Petroleum Storage Tank Division at OAC 165:5-21-5 and OAC 165:5-21-6, the provisions of this Section govern pleadings filed after a cause has been commenced by an application.

(b)   Form. Every document in opposition to an application shall be styled a "Response" and shall contain:

(1)   Caption. The response shall contain the same caption as in the application.

(2)   Body. The response shall contain four numbered paragraphs, as follows:

(A)   Parties. The respondent shall be identified, including:

(i)   Name, address, and telephone number of his attorney or designated representative.

(ii)   Nature of his interest in the subject matter of the cause.

(B)   Allegations of fact. Response to the allegations of fact shall include:

(i)   Admissions of all allegations of fact admitted by the respondent.

(ii)   Specific denial of any allegations of fact respondent alleges and expects to prove to be untrue.

(iii)   Allegations of all other facts necessary or appropriate to support respondent's position. Failure to deny specifically any allegation of fact will not relieve the person making the allegation of the burden of proving it.

(C)   Legal authority. Citations of statutes, rules, orders, and decided cases in support of the response or in opposition to the granting of the relief sought in the application.

(D)   Relief sought. A brief statement of the relief sought by respondent, including any affirmative relief sought which is not set out in the application.

(c)   Subscription. The response shall be signed by the respondent, or an authorized agent of the respondent, or by the attorney for the respondent, and shall set out the mailing address,telephone number, facsimile number, electronic mail address and bar identification number, of the person so signing it, as applicable.

(d)   Time for filing. Response to an application may be filed at or before the date of the hearing. Any person appearing at the hearing, as the Commission or Administrative Law Judge may deem appropriate, may be heard and permitted to offer evidence whether or not he has filed a written response or other pleading, except as provided in OAC 165:5-19-1.

(e)   Default. Any named respondent who fails to file response within the time specified shall be deemed in default, and the Commission or Administrative Law Judge may proceed to hear the cause without further notice to a person in default. Except as provided in OAC 165:5-19-1, no applicant will by default of an adverse respondent be relieved from the burden of proving the material allegations of fact upon which his claim for relief is based.

[Source: Amended at 12 Ok Reg 2005, eff 7-1-95; Amended at 16 Ok Reg 829, eff 1-25-99 (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 19 Ok Reg 1939, eff 7-1-02; Amended at 27 Ok Reg 2098, eff 7-11-10]