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Title XXXVI STATUTORY ACTIONS AND TORTS

  Chapter 536back to chapter 536

  536.080.  Parties may file briefs — officials to hear or read evidence. — 1.  In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rendering the final decision.

  2.  In contested cases, each official of an agency who renders or joins in rendering a final decision shall, prior to such final decision, either hear all the evidence, read the full record including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs.  The parties to a contested case may by written stipulation or by oral stipulation in the record at a hearing waive compliance with the provisions of this section.

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(L. 1945 p. 1504 § 8, A.L. 1957 p. 748 § 536.083)

(1976) Where member of commission had assumed office after conclusion of all hearings and did not participate in the decision which was certified by the participating members, but did participate in order denying application for rehearing to which no certification was attached, trial court was directed to modify its "order of remand" to allow the commissioner ten days to certify that he had complied with this section at the time of denial of the motion for rehearing. Absent such certification, remand for reconsideration should follow. State ex rel. Jackson County v. Public Service Commission (Mo.), 532 S.W.2d 20.


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