1 CSR 50-2.080 - Conduct of the Hearing

PURPOSE: This rule describes the conduct of a contested case hearing.

(1) A hearing will be conducted by a quorum consisting of at least four (4) commission members.

(2) Only the commission may make a final disposition of the case. A presiding commissioner may be appointed by the commission, who shall have full power and authority to control the procedure of the hearing, to admit or exclude testimony or other evidence, or rule upon all motions or objections, to call and examine witnesses, to issue subpoenas and subpoenas duces tecum in accordance with 1 CSR 50-2.060, to direct the production of papers or other matters during the hearing and to take such other actions necessary and proper in expediting the order, conduct and disposition of the proceeding. Any decision of the presiding commissioner may be overruled by a vote of at least four (4) members of the commission, upon either motion of any party or of any commissioner.

(3) The commission may make full inquiry into all facts and issues and obtain a full and complete record of all facts necessary for a fair determination of the issues. All commissioners may inquire into all facts and issues at the hearing.

(4) No cameras, lights or mechanical recording devices shall be operated in the hearing room while the hearing is in progress, other than by personnel of the commission or by a court reporter with the permission of the commission.

(5) No person shall be allowed to be present during the hearing, except for members and personnel of the commission subject to subsection 15 of section 105.961, RSMo, the attorney who shall present evidence in support of the complaint; any attorney or attorneys acting as legal counsel to the commission; all respondents and their counsel; a court reporter; and any other with permission of all respondents to the proceeding. Witnesses shall remain outside of the hearing except during the time that s/he offers testimony or evidence.

(6) The commission may exclude from the hearing room or otherwise prevent further participation during a hearing. Contempt before the commission shall be resolved in the manner provided in section 536.095, RSMo.

Notes

1 CSR 50-2.080

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.

*Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999.