Mo. Code Regs. tit. 11 § 45-13.060

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 45-13.060 - Proceedings

PURPOSE: This rule establishes procedures for conducting hearings.

(1) The commission may issue subpoenas and subpoena duces tecum for the production of books, records and other pertinent documents, or upon written request to appear and offer testimony.

(A) Upon written request served on a party, the requesting party shall be entitled to the name and address of any witness who may be called to testify on behalf of a party and all documents or other material in the possession or control of a party which the party reasonably expects will be introduced into evidence, the party shall be under a continuing duty to update this list.

(B) Upon the request of a party and for good cause shown the hearing officer may allow other discovery to be conducted.

(2) The burden of proof is at all times on the petitioner. The petitioner shall have the affirmative responsibility of establishing the facts of his/her case by clear and convincing evidence including, but not limited to:

(A) Why s/he should be licensed;

(B) Why s/he should not be disciplined or excluded; and

(C) Why s/he does not owe a tax or penalty.

(3) All testimony shall be given under oath or affirmation.

(4) Petitioner may present an opening statement, and the commission shall present an opening statement on the merits. Petitioner proceeds first to present evidence, except in the case of disciplinary actions against gaming licensees, in which case the commission shall present evidence first. The hearing officer shall then hear evidence from the other party and any evidence in rebuttal.

(5) Each party may conduct cross-examination of adverse witnesses.

(6) Both parties may present closing argument. The party who presented evidence first shall argue first, then the other party, followed by any rebuttal argument.

(7) The parties may request, or the hearing officer may require, that the parties submit briefs.

(8) Failure of the petitioner to appear at the hearing shall constitute an admission of all matters and facts alleged by the commission in its notice of commission action and a waiver of the petitioner's rights to a hearing, but the commission in its discretion may nevertheless order a hearing.

11 CSR 45-13.060

AUTHORITY: sections 313.004, 313.052, 313.065, 313.560, 313.800 and 313.805, RSMo 2000.* Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Emergency amendment filed Dec. 12, 1997, effective Dec. 22, 1997, expired June 19, 1998. Amended: Filed Dec. 12, 1997, effective July 30, 1998. Amended: Filed June 30, 2003, effective Feb. 29, 2004.

*Original authority: 313.004, RSMo 1993, amended, 1994, 313.052, RSMo 1994; 313.065, RSMo 1981, amended 1993, 1995; 313.560, RSMo 1986, amended 1987; and 313.800, RSMo 1991, amended 1993, 1994; and 313.805, RSMo 1991, amended 1993, 1994, 2000.