PURPOSE: This rule describes the conduct of a
contested case hearing.
hearing will be conducted by a quorum consisting of at least four (4)
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
, 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
(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
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
(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
1 CSR 50-2.080
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.