8 CSR 60-2.045 - Parties at Hearing

PURPOSE: This rule indicates the parties at a public hearing and their duties and responsibilities.

(1) The complaint shall be presented by an attorney of the staff of the attorney general before a commission panel or a hearing examiner.

(2) The complainant may be present at the hearing, with or without counsel. Within the limitations allowed by the presiding officer before the hearing date, the complainant may file motion to intervene in person or by counsel. The motion to intervene shall be granted, and the complainant after this shall be designated as the complainant-intervenor and shall be a party to the action with the right to submit oral testimony and other evidence and examine and cross-examine witnesses. The complainant, whether intervening or not, shall be treated as a party for discovery purposes.

(3) The respondent shall be a party to the proceedings and may be present at the hearing, with or without counsel. The respondent shall be allowed in person or by counsel, to examine and cross-examine witnesses, and may submit oral testimony and other evidence. If the respondent is a corporation, it shall be represented by an attorney.

(4) At the discretion of the presiding officer, any person other than complainant may be allowed to intervene, in person or by counsel, for the purposes and to the extent as the presiding officer shall determine.

Notes

8 CSR 60-2.045

AUTHORITY: section 213.030, RSMo 2016, and section 213.075, RSMo Supp. 2017.* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed April 27, 2018, effective Nov. 30, 2018.

AUTHORITY: sections 213.030 and 213.075, RSMo (Cum. Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended by Missouri Register October 15, 2018/Volume 43, Number 20, effective 11/30/2018