Mo. Code Regs. tit. 2 § 90-10.170

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

Section 2 CSR 90-10.170 - Proceedings

PURPOSE: This rule establishes procedures for conducting hearings.

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

(2) Discovery may be obtained by the same means and under the same conditions as in civil actions in the circuit court. Sanctions for abuse of the discovery process or failure to comply with commission orders regarding discovery shall be the same as those provided for in the rules of civil procedure.

(3) Any party may petition the commission to hold a prehearing conference at any time prior to the hearing.

(4) All prehearing conferences shall be held as directed by the commission or the hearing officer, and reasonable notice of the prehearing conference time shall be given to all parties involved.

(5) The burden of proof shall be upon the respondent to show cause by clear and convincing evidence why the proposed disciplinary action should not be ordered.

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

(7) 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 respondents, 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.

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

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

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

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

2 CSR 90-10.170

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