Mo. Code Regs. tit. 11 § 45-90.040

Current through Register Vol. 49, No. 20, October 15, 2024

Section 11 CSR 45-90.040 - Executive Director Designated Hearing Officer

PURPOSE: This rule designates the executive director as the hearing officer for the commission and to delegate him/her certain powers.

(1) The executive director shall be the hearing officer for the commission for all purposes and is empowered to make all decisions concerning hearings on behalf of the commission.

(2) The executive director is additionally empowered to-

(A) Administer oaths or affirmations to witnesses;

(B) Issue subpoenas or when necessary subpoenas for the production of documents and things;

(C) Rule on all questions of evidence;

(D) Consider and rule on all motions which may be filed during the course of the proceedings; and

(E) Make orders and rulings as may be required to maintain order and decorum at any hearing.

(3) The executive director may designate an employee of the Horse Racing Commission to have the authority to issue subpoenas under subsection (2)(A) of this rule.

(4) The executive director shall cause verbatim transcripts of the hearing before him/her to be produced and distributed to the commission together with his/her proposed findings of facts, conclusions of law and any further opinion which s/he, at his/her sole discretion, may prepare.

11 CSR 45-90.040

AUTHORITY: sections 313.650.2 and 313.650.3, RSMo 1986.* This rule originally filed as 12 CSR 50-90.040. Emergency rule filed July 18, 1986, effective July 28, 1986, expired Nov. 15, 1986. Original rule filed Oct. 3, 1986, effective Jan. 12, 1987. Moved to 11 CSR 45-90.040, effective Aug. 28, 1995.

*Original authority: 313.650, RSMo 1986.