Mo. Code Regs. tit. 2 § 90-10.140

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 2 CSR 90-10.140 - Informal Hearing

PURPOSE: This rule provides a procedure for informal hearings before the Missouri Propane Safety Commission under section 323.110, RSMo.

(1) Notice of Violation. A notice of violation shall be issued to any person (the respondent) who is found, upon investigation by the commission, to be in possible violation of sections 323.005 to 323.210, RSMo. The notice shall be sent to the respondent by certified mail and shall set forth the facts supporting the alleged violation, and the date, time, and location of an informal hearing at which the facts of the alleged violation may be explained.

(2) Hearing Officer. The hearing shall be conducted by one (1) or more of the commissioners or by any qualified person or persons designated by the commission.

(3) Documents. Before the hearing and at the respondent's cost and expense, the respondent may inspect and copy any documents relied upon by the commission as the basis for the notice of violation.

(4) Evidence. The commissioner(s), or the commission's attorney, and the respondent will have the opportunity to present evidence and to question any witnesses. The technical rules of evidence shall not apply. The commission is not required to record or transcribe the proceedings of the hearing. The burden shall be on the respondent to show why the respondent is not in violation of sections 323.005 to 323.210, RSMo as alleged in the notice.

(5) Attorney. Respondent may be represented by an attorney. The commission's attorney may also appear and participate in the hearing.

(6) Formal Hearing. In the event that the respondent fails to timely respond to the notice of violation or upon unsuccessful resolution of any issues relating to an alleged violation, the respondent may be summoned to a formal administrative hearing before the commission.

(7) Cease and Desist Order. If the respondent is found to have committed one (1) or more violations of sections 323.005 to 323.210, RSMo, the commission may order the respondent to cease and desist from such violation(s), such order to be enforceable as provided by law.

(8) Option to Request Formal Hearing. Respondent may request a formal hearing in lieu of an informal hearing regarding the notice of violation.

2 CSR 90-10.140

Adopted by Missouri Register September 16, 2019/Volume 44, Number 18, effective 10/31/2019