PURPOSE: This amendment gives the commission the authority to
set aside its findings and reopen the hearing if a respondent was in default
because of an excusable mistake or circumstance beyond his/her control and also
sets a deadline for a motion to reopen the hearing to be filed.
PURPOSE: This rule describes the procedures when a party
fails to appear at a case hearing and for requesting relief from that
default.
(1) A party who has been
served with notice of hearing and fails to appear at the scheduled hearing
shall be in default.
(2) Unless
previously notified by the party, the commission shall wait thirty (30) minutes
from the time set in the notice of hearing to commence the hearing.
(3) When the respondent fails to appear for
the hearing within the time specified in section (2), evidence shall be
presented in support of the complaint, which shall constitute the sole
evidentiary basis for disposition and the respondent shall be deemed to have
waived any evidentiary and other objections at the hearing.
(4) The commission, in its discretion and
upon such terms as may be just, may set aside its findings of fact, conclusions
of law, and order and reopen the hearing if the respondent files a written
motion which establishes that the default was the result of an excusable
mistake or circumstance beyond his/her control. The motion shall be filed
within five (5) business days after the respondent defaults and accompanied by-
(A) A sworn written statement(s), together
with supporting documentation, setting forth the facts of the alleged excusable
mistake or the circumstances beyond the control of the party; and
(B) The opposing party shall have ten (10)
days to reply to the motion to reopen the hearing.
Notes
1 CSR 50-2.120
AUTHORITY: section
105.955.14(7), RSMo (Cum. Supp. 1996).* Original rule filed March 24, 1997,
effective Sept. 30, 1997.
Amended by
Missouri
Register January 15, 2016/Volume 41, Number 02, effective
2/29/2016
*Original authority 1991, amended 1994, 1995,
1996.
