Section 644.066

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 644

Effective - 28 Aug 2000   

  644.066.  Public hearings, how conducted — transcripts available — discovery proceedings — hearings before single commissioner, when — final orders, how approved. — 1.  At any public hearing all testimony taken before the commission shall be under oath and recorded stenographically.  The transcript so recorded shall be made available to any member of the public or to the respondent or party to a hearing on a complaint, or any party to a hearing on a petition for variance, or appealing any order or determination of the director upon payment of the usual charge therefor.

  2.  In any such hearing, any member of the commission or the hearing officer shall issue in the name of the commission notice of hearing and subpoenas.  Subpoenas shall be issued and enforced as provided in section 536.077.  The rules of discovery that apply in any civil case apply to hearings held by the commission.

  3.  (1)  All hearings to promulgate standards, rules, limitations, and regulations and to establish areas of the state shall be held before at least four members of the commission;

  (2)  All other hearings may be held before one commission member designated by the commission chairman or by a hearing officer who shall be a member of the Missouri Bar and shall be appointed by the commission chairman.  The hearing officer or commission member shall preside at the hearing and hear all evidence and rule on the admissibility of evidence.  The hearing officer or commission member shall make recommended findings of fact and may make recommended conclusions of law to the commission;

  (3)  All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission.  Any commission member approving in writing any final order or determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and reading the entire transcript.

­­--------

(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741)