643.100. Testimony at hearings, how recorded--subpoenas, how issued--rules hearings, how held--other hearings, how held--final orders, how approved.
Testimony at hearings, how recorded--subpoenas, how issued--ruleshearings, how held--other hearings, how held--final orders, howapproved.
643.100. 1. At any public hearing all testimony takenbefore the commission shall be under oath and recorded. Thetranscript so recorded shall be made available to any member ofthe public or to the respondent or party to any hearing.
2. In any such hearing, any member of the commission or thehearing officer shall issue in the name of the commission noticeof hearing and subpoenas. Subpoenas shall be issued and enforcedas provided in section 536.077, RSMo. The rules of discoverythat apply to any civil case apply to hearings held by thecommission.
3. (1) All hearings to promulgate rules and to establishareas of the state shall be held before at least four members ofthe commission.
(2) All other hearings may be held before one commissionmember designated by the commission chairman or by a hearingofficer who shall be a member of the Missouri bar and shall beappointed by the commission. The hearing officer or commissionmember shall preside at the hearing and hear all evidence andrule on the admissibility of evidence. The hearing officer orcommission member shall make recommended findings of fact and maymake recommended conclusions of law to the commission.
(3) All final orders or determinations or other finalactions by the commission shall be approved in writing by atleast four members of the commission. Any commission memberapproving in writing any final order or determination or otherfinal action, who did not attend the hearing, shall do so onlyafter reviewing all exhibits and reading the entire transcript.
(L. 1965 p. 335 § 9, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)*Transferred 1986; formerly 203.100