15 CSR 30-100.060 - Hearings

PURPOSE: This amendment changes the location for posting the public notice of a hearing, adds a requirement of audio recording of the hearing, clarifies what must be recited into the record in an audio taped hearing, allows for hearing by telephone, and sets forth how a telephone hearing is requested and conducted, with responsibilities for parties or witnesses participating by telephone.

(1) A revocation or suspension hearing will be conducted in the following manner:

(A) All hearings will be open to the public. All parties have a right to be present and to be represented by counsel, if they so desire. Notice of the hearing will be posted prominently in the Office of the Secretary of State, Commissions Division, 600 W. Main Street, Jefferson City, MO 65101;

(B) All hearings will be audio recorded. Upon request, and at the expense of a party to the proceeding making the request, the secretary of state's office will cause the hearing to be transcribed by a court reporter present for the hearing. Any other party may obtain a copy of the transcript upon the payment of the costs of preparation;

(C) If the hearing is not transcribed, the audio record will contain-

1. A listing of all materials filed in connection with the hearing;

2. A listing of all documents and exhibits submitted as evidence;

3. All matters officially noticed; and

4. All offers of proof, objections, and rulings;

5. The written decision of the adjudicator including findings of fact and conclusions of law;

(D) Evidence shall be received in the following manner:

1. Oral evidence shall be taken only on oath or affirmation;

2. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not subject to the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her; and

3. Copies of writings, documents and records shall be admissible without proof that the originals thereof cannot be produced if it appears by testimony or otherwise that the copy offered is a true copy of the original; and

(E) The order in which evidence will be presented is as follows:

1. The secretary of state's representative shall present evidence first;

2. The notary shall then have the opportunity to present his/her evidence in the same manner;

3. Each party has the right to rebut the evidence presented; and

4. Closing statements may be made by each party in the order evidence was presented; and

(F) The burden of proof will be on the secretary of state's representative, and the standard of proof shall be a preponderance of the evidence.

(2) Notice of the date, time, and place of the hearing will be sent by certified mail to the notary at the address on file with the secretary of state's office.

(3) A revocation hearing may be conducted by telephone upon request of the notary as set forth in 15 CSR 30-100.015(suspension) or 15 CSR 30-100.020(revocation).

(A) The telephone hearing will be scheduled with notice sent by certified mail to the notary at the address on file with the secretary of state.

(B) Telephone hearings shall have the following additional requirements:

1. The attorney and any witnesses for the secretary of state may be present in person while the notary is present by telephone;

2. Parties to telephone hearings shall mail copies of potential exhibits to the other party in sufficient time for the exhibit to reach those locations prior to the hearing;

3. A notary or his/her attorney shall mail potential exhibits to the Office of the Secretary of State, Commissions Division, PO Box 784, Jefferson City, MO 65102; and

4. Each potential exhibit shall be designated as a potential exhibit and paginated.

(C) Telephone hearings are evidentiary proceedings conducted for the convenience of the notary, and the parties have the following responsibilities:

1. The connection must be of sufficient quality that the persons participating can be clearly heard, and the call will not be unintentionally disconnected (due to things such as poor cellular reception);

2. The hearing shall not be subject to interruptions by the parties to attend to non-hearing matters;

3. The parties should be in a location where there will not be unreasonable background noise.

(D) Any witnesses participating by telephone are subject to the same requirements as in subsection (3)(C).

(E) If a party or witness leaves the phone for any reason, or the connection is disconnected, all such action shall be considered voluntary, and the hearing shall proceed without such party or witness.

Notes

15 CSR 30-100.060

AUTHORITY: section 486.385.2, RSMo 1986. Original rule filed Dec. 16, 1985, effective April 11 , 1986. Amended by Missouri Register September 1, 2017/Volume 42, Number 17, effective 10/31/2017