Mo. Code Regs. tit. 20 § 800-1.040

Current through Register Vol. 50, No. 1, January 2, 2025

Section 20 CSR 800-1.040 - General Procedures

PURPOSE: This rule describes the general procedures for contested matters.

(1) Rules of Procedure. The hearings before the director and the Administrative Hearing Commission are governed by Chapter 536, RSMo. The hearings before the Administrative Hearing Commission pursuant to section 374.051, RSMo are governed by the rules in Chapter 1 CSR 15-3. During the pendency of any matter before the Administrative Hearing Commission, the rules in Chapter 1 CSR 15-3 supersede any rules in this chapter that conflict. The director may also be guided by the Missouri Rules of Civil Procedure.

(2) Place of Filing. If the matter is to be heard by the director, all pleadings, documents and requests permitted or required to be filed with the department in connection with a hearing shall be delivered, mailed, addressed or submitted to or filed with the director at the Department of Insurance, Financial Institutions and Professional Registration, PO Box 690, 301 West High Street, Jefferson City, MO 65102. If the matter is to be heard by the Administrative Hearing Commission, all pleadings must be filed with the commission. The party filing pleadings or documents shall serve by mail copies of all filed pleadings or documents on all parties.

(3) Service of Hearing Order/Notice of Hearing. Service of the notice of hearing shall be effected upon all parties involved promptly upon issuance of the hearing order and notice, but not less than ten (10) days before the date designated for the hearing either by United States mail, postage prepaid, certified or registered, addressed to the parties' last known address or by another means of personal service.

(4) Form of Documents.

(A) Except as otherwise provided, one (1) original and two (2) copies of all documents shall be signed by the party or by his/her authorized representative or attorney and filed with the director.

(B) Documents shall leave sufficient space to enter the file number and the title of the proceeding in connection with which they are filed.

(C) Documents shall be typewritten or reproduced from typewritten copy on eight and one-half by eleven inch (8 1/2" x 11") white paper.

(D) A certified copy may be submitted in lieu of the original.

(5) Computation of Time.

(A) In computing any period of time prescribed or allowed by this regulation or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day that is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(B) Notice requirements shall be construed to mean notice received, but proof that notice was dispatched by means reasonably calculated to be received by the prescribed date shall be prima facie evidence that notice was timely received.

(6) Appearance.

(A) Any person entitled to participate in any proceedings may appear as follows:

1. A natural person may appear on his/her own behalf or by an attorney at law licensed to practice in Missouri or both; and

2. A corporation, association or other entity shall be represented by an attorney licensed to practice in Missouri, except a bona fide officer, employee or representative may appear on behalf of such entities for preliminary matters until such time as an attorney is retained.

(B) Attorneys not licensed to practice in Missouri may appear on motion.

(C) An attorney appearing in a representative capacity shall file a written notice of appearance.

(7) Presiding Officer. The director has the authority to conduct a hearing, take all necessary action to avoid delay, maintain order and insure the development of a clear and complete record. The director possesses all powers necessary to conduct a hearing including, but not limited to, the power to-

(A) Administer oaths and affirmations;

(B) Regulate the course of hearings, set the time and place for continued hearings, fix times for filing of documents, provide for the taking of testimony by deposition if necessary and generally conduct the proceedings according to generally recognized administrative law and this chapter;

(C) Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitious or cumulative testimony and set reasonable limits on the amount of time each witness may testify;

(D) Rule upon offers of proof and receive relevant evidence;

(E) Sign and issue subpoenas that require attendance giving testimony and the production of books, papers and other documentary evidence;

(F) Direct parties to appear and confer for the settlement or simplification of issues and to otherwise conduct prehearing conferences;

(G) Dispose of procedural requests or similar matters;

(H) Order the filing of written direct testimony by all parties to a hearing. Written direct testimony, if ordered to be filed, shall be on eight and one-half inch by eleven inch (8 1/2" x 11") paper, in question and answer form and the truth sworn to before a notary public. Written direct testimony, if ordered to be filed, shall be in lieu of all live direct testimony except redirect or rebuttal testimony or, if good cause is shown to the director. The right to cross-examination of any witness on whose behalf written direct testimony is filed is mandatory;

(I) Render findings of fact, conclusions of law, decisions and orders; and

(J) Enter any order necessary and proper to effectuate any provision of Chapters 354 and 374 through 385, RSMo.

(8) Transcription of Proceedings.

(A) Oral proceedings at which evidence is presented shall be recorded either by a certified court reporter or a mechanical recording device, but need not be transcribed unless requested by a party who shall pay for the transcription of the portion requested, except as otherwise provided by law. Any transcription will be retained through and including the time allotted for appeal, revision, rehearing or other manner of review prior to final disposition as provided for by law.

(B) The transcript and the record offered in connection with the hearing shall constitute the official record. Before the transcript is filed, the director shall notify the parties that the transcript has been produced, receive corrections from any person, examine the transcript for accuracy and then within a reasonable time certify that it is a true and correct transcript of the hearing. Only after the certification may the transcript be made available for public inspection as the director may allow.

(C) The record in an administrative hearing shall include: prehearing records; all pleadings (including all notices and answers, motions, and briefs); evidence received; a statement of matters officially noticed; offers of proof, objections and rulings; all orders entered by the director; and findings, conclusions, opinions, recommendations and final order of the director.

(9) Existing Statutory or Department Procedures and Practices. This regulation shall not be construed to limit or repeal additional requirements imposed by statute or otherwise or to change existing department procedures which are equivalent to or exceed the standards of administrative procedure prescribed in this regulation.

20 CSR 800-1.040

AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008.

*Original authority: 354.120, RSMo 1973, amended 1983, 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo 2007.