8 CSR 60-2.045
Parties at Hearing
PURPOSE: This rule indicates the parties at
a public hearing and their duties and responsibilities.
(1) The complaint shall be presented by an
attorney of the staff of the attorney general
before a commission panel or a hearing
examiner.
(2) The complainant may be present at the
hearing, with or without counsel. Within the
limitations allowed by the presiding officer
before the hearing date, the complainant may
file motion to intervene in person or by counsel. The motion to intervene shall be granted,
and the complainant after this shall be designated as the complainant-intervenor and shall
be a party to the action with the right to submit oral testimony and other evidence and
examine and cross-examine witnesses. The
complainant, whether intervening or not,
shall be treated as a party for discovery purposes.
(3) The respondent shall be a party to the
proceedings and may be present at the hearing, with or without counsel. The respondent
shall be allowed in person or by counsel, to
examine and cross-examine witnesses, and
may submit oral testimony and other evidence. If the respondent is a corporation, it
shall be represented by an attorney.
(4) At the discretion of the presiding officer,
any person other than complainant may be
allowed to intervene, in person or by counsel,
for the purposes and to the extent as the presiding officer shall determine.
AUTHORITY: section 213.030, RSMo 2016,
and section 213.075, RSMo Supp. 2017.*
Original rule filed April 15, 1988, effective
July 11, 1988. Amended: Filed Dec. 2, 1992,
effective June 7, 1993. Amended: Filed April
27, 2018, effective Nov. 30, 2018.
*Original authority: 213.030, RSMo 1959, amended 1978,
1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986,
amended 1992, 2017.