Rule 12-06 Commencement of Proceedings and Pleadings.
(a) The Petition.
(i) The Board shall institute proceedings pursuant to this chapter by serving a petition, sworn to or affirmed as to the truth thereof, on respondent(s). The petition shall include a short and plain statement of the matters to be adjudicated. It shall set forth the facts which, if proved, would constitute a violation of the City Charter, the Administrative Code, or the Board's Rules, as well as the applicable provisions thereof which are alleged to have been violated. The petition shall also set forth a statement of the relief requested. If applicable, the petition shall set forth the facts which, if proved, constitute a required payment or repayment of public funds.
(ii) The petition shall be accompanied by the following: notice of the respondent's right to file an answer, the deadline to file an answer, and the place(s) to serve and file an answer; notice that failure to serve and file a timely answer shall be deemed an admission of all allegations contained in the petition; notice of the respondent's right to representation by an attorney or other representative; and notice that a person representing the respondent must file a notice of appearance with the hearing officer.
(i) The Board shall serve the petition upon the respondent. Service of the petition shall be made by regular first-class mail to respondent's last known residential or business address (e.g., address listed in the Filer Registration form, Certification form, or amendments to the Filer Registration or Certification provided by respondent as required by Rules 1-11 and 2-01). Service of the petition shall be complete upon mailing.
(ii) In the alternative, service of the petition may be made by electronic means to respondent's last known e-mail address (e.g., listed in the Filer Registration form, Certification form, or amendments to the Filer Registration or Certification provided by respondent as required by Rules 1-11 and 2-01). Service of the petition by electronic means shall be complete on the date of transmission.
(i) The respondent shall file an answer to the petition with the hearing officer and serve the same answer on the Board.
(ii) If the petition was served on respondent by regular first-class mail, the answer shall be filed and served within twenty-six calendar days of the date the petition was postmarked. If the petition was served on respondent by electronic means, the answer shall be filed and served within twenty-one calendar days.
(iii) The answer may include affidavits or affirmations, documentary exhibits, or other evidentiary material in rebuttal of the petition. The answer may be accompanied by a memorandum of law.
(iv) If respondent fails to serve and file a timely answer, all allegations of the petition shall be deemed admitted, and the case shall proceed as scheduled. If the answer fails to specifically address any allegation in the petition, such allegation shall be deemed admitted.
(v) The time to serve and file an answer may be extended only upon the consent of all parties or upon application to the hearing officer for good cause shown.
Pleadings shall be amended as promptly as possible upon conditions just to all parties. If a pleading is to be amended less than twenty-five days before the commencement of the hearing, the amendment may be made only on consent of the parties or by leave of the hearing officer.