PURPOSE: This amendment includes commissioners and staff in
the process for persons with a potential conflict of interest who must recuse
from a case before the commission. It also authorizes the filing of an amended
complaint without the commission's permission prior to the filing of a
responsive pleading but not later than ten (10) days before a scheduled
hearing, sets forth when a motion to amend a complaint has to be ruled on, and
grants the commission authority to extend the time for filing any motion filed
by a party, and requires a written entry of appearance by a licensed
attorney.
PURPOSE: This rule sets forth the manner in which a case is
initiated.
(1) A case initiated
pursuant to subsection 3 of section
105.961,
RSMo, shall be commenced after the commission has received and reviewed a
report from a special investigator made pursuant to subsection 1 of section
105.961,
RSMo, or an audit conducted pursuant to section
105.959,
RSMo, and the commission has concluded, based upon such report or upon such
audit, that there are reasonable grounds to believe that a violation of any law
has occurred which would authorize the commission to take action pursuant to
section
105.961,
RSMo. Upon such conclusion-
(A) A complaint,
directed to the object(s) of the special investigator's report or audit, shall
be prepared as provided by section
536.063,
RSMo;
(B) Such complaint shall be
filed with the commission and shall affirmatively request relief within the
jurisdiction of the commission should the commission determine, after
conducting a hearing, that probable cause exists to find the person named in
the complaint in violation of the provisions of law set forth in the complaint;
and
(C) If any commissioner, the
attorney general or any member of their staff is the subject of any
investigation or complaint, or is in any manner related or connected to the
subject of any investigation or complaint to a degree indicative or suggestive
of a conflict of interest, neither the commissioner nor commission staff
members, the attorney general nor any assistants shall participate in any
manner in the handling or disposition of the investigation and
complaint.
(D) An amended complaint
may be filed without the commission's leave any time before the respondent
serves a responsive pleading, but no later than ten (10) days before a
scheduled hearing. An amended complaint may be filed with the commission's
leave at any time before the hearing by the requesting party filing a motion to
amend the complaint with the commission. The motion shall include the amended
complaint proposed to be filed. Nothing in this rule shall prevent an amendment
of the complaint to conform to the evidence.
(2) The executive director shall issue and
serve in the name of the commission, a written notice, together with a copy of
the complaint, requiring the person named in the complaint, hereafter referred
to as "respondent," to answer the charges at a hearing before the commission,
at a time and place as specified in the notice. Such written notice shall be
given at least ten (10) days before a hearing unless otherwise consented to by
the parties.
(3) The commission
shall be a party to the action and shall be represented as provided in section
105.955.15(4), RSMo.
(4) The
hearing shall be conducted in the manner provided by sections
536.063
to
536.090,
RSMo.
(5) Any period of time
prescribed or allowed by these rules or by other order of the commission, which
is not otherwise specifically provided for, shall be computed as provided by
the Missouri Rules of Civil Procedure and Chapters 105 and 536, RSMo.
(A) The commission may extend the time set by
these rules or set by the commission either before or after the time period has
expired.
(B) A party may move for
an extension of the time set by these rules or set by the commission. The
motion shall be in writing and shall state whether any party objects to the
extension or that efforts to contact the non-moving party have been
futile.
(6) A licensed
attorney who has not previously entered an appearance on behalf of a person
before the commission pursuant to rule 1 CSR
50-4.010 shall enter an appearance
in writing with the commission as provided in that rule.
Notes
1 CSR 50-2.015
AUTHORITY: section
105.955.14(7), RSMo 2000.* Original rule filed March 24, 1997, effective Sept.
30, 1997. Amended: Filed Sept. 4, 2007, effective Feb. 29, 2008.
Amended by
Missouri
Register January 15, 2016/Volume 41, Number 02, effective
2/29/2016
*Original authority: 105.955, RSMo 1991, amended 1994,
1995, 1996, 1997, 1999.
