Mo. R. Gov. Bar Jud. Hearings Before Board and Review By Court - Regulations of Board of Law Examiners

As amended through September 3, 2024

Rule - Hearings Before Board and Review By Court - Regulations of Board of Law Examiners

1. In any notification to an applicant that the board:

(a) Refuses to grant approval;

(b) Recommends the imposition of conditions; or

(c) Will hold a hearing on its own motion, the board will notify the applicant of the general areas or subject matter of its concern. The board shall not be required to itemize each basis for its determination.

2. The board, upon written request of any applicant, shall request that the clerk of this Court issue a subpoena to a third person (other than employees of the office of the clerk, members of the board, or employees or agents of the board) to compel testimony or to produce documents. The written request must be received at least seven days before any scheduled hearing and must demonstrate that such testimony, evidence, and documents, as the case may be, are reasonably calculated to aid the inquiry.

3. The hearing process is not an adversary proceeding but is a fact-finding process for the ultimate benefit of the public interest. No discovery is permitted and contentious or overbearing or hostile tactics and presentations are discouraged.

4. In any hearing the board may take testimony by telephone.

5. Any request for a continuance of a hearing must comply with the following requirements:

(a) The request must be made in writing and signed by the applicant or the applicant's attorney;

(b) The request must set forth with particularity the reasons for the delay sought and whether previous hearings have been continued at the request of the applicant;

(c) The request must be submitted to the board as soon as practicable but, except in extraordinary circumstances, not later than seven days before the day upon which the hearing is scheduled.

Requests for continuance may be submitted by facsimile to the board's office in Jefferson City.

Mo. R. Gov. Bar Jud. Hearings Before Board and Review By Court - Regulations of Board of Law Examiners

Adopted Oct. 16, 1995, eff. 3/1/1996, eff. 5/28/2002. Amended Sept. 3, 2003, eff. 10/1/2003; amended January 31, 2023, effective 9/1/2023.