Mo. Code Regs. tit. 11 § 45-13.070

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

Section 11 CSR 45-13.070 - Transmittal of Record and Recommendation to the Commission

PURPOSE: This rule establishes the procedures for transmittal of the record and recommendations from the hearing officer.

(1) The record shall consist of the following:

(A) The commission's notice to petitioner, the Request for Hearing and all motions and rulings on the Request for Hearing;

(B) All evidence received;

(C) A statement of matters officially noticed;

(D) Offers of proof, objections and ruling on them;

(E) All pleadings filed by either party;

(F) The transcript of the hearing;

(G) All briefs filed by either party;

(H) A proposed resolution approving the recommendations of the hearing officer;

(I) Any objections filed by either party to the hearing officer's written findings of fact, conclusions of law and recommendations; and

(J) The recommendations and any findings of fact and conclusions of law made by the hearing officer.

(2) Oral proceedings, or any part of them, shall be recorded stenographically or by other means which adequately insure the preservation of the testimony or oral proceedings and shall be transcribed on request of any party. The transcript shall be paid for by the requesting party.

(3) Upon conclusion of the hearing, the hearing officer shall issue to the commission and the petitioner written findings of fact and conclusions of law and his/her recommendations at least twenty (20) days prior to the public meeting at which the case is to be considered by the commission. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. The parties may file written objections or comments with the commission to the proposed findings of fact, conclusions of law and recommendations issued by the hearing officer at least ten (10) days prior to the public meeting at which the case is to be considered by the commission.

(4) Final Commission Order.

(A) The commission shall review the entire record and shall render a written decision on the merits which shall contain findings of fact and conclusions of law, and after that will issue a final Commission Order. During the public meeting at which the commission considers proposed findings of fact, conclusions of law and recommendations issued by a hearing officer, the parties may present oral argument to the commission within the time limits that the commission may impose. The commission may take any of the following actions:

1. The commission may adopt the findings of fact, conclusions of law and recommendations of the hearing officer as its final Commission Order;

2. The commission may modify the findings of fact, conclusions of law and recommendations submitted by the hearing officer;

3. The commission may reject the findings of fact, conclusions of law and recommendations submitted by the hearing officer; or

4. The commission may remand the matter, with instructions, to the hearing officer for further proceedings.

(B) As part of the final Commission Order, the commission may assess hearing costs, not to exceed fifty dollars ($50), against any party who without good cause fails to appear at a hearing conducted pursuant to this chapter.

(C) Copies of the final Commission Order shall be served on a petitioner by certified or overnight express mail, postage prepaid, or by personal delivery.

11 CSR 45-13.070

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 Dec. 7, 2001, effective June 30, 2002. 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; 313.800, RSMo 1991, amended 1993, 1994; and 313.805, RSMo 1991, amended 1993, 1994, 2000.