Conduct of the Hearing

PURPOSE: This rule describes the conduct of a public hearing. (1) A hearing will be conducted by a commission panel or a hearing examiner pursuant to of section 213.075.3. (2) After a case has been set for hearing, only the commission panel may make a final disposition of the case. The presiding officer shall have full power and authority to control the procedure of the hearing, to admit or exclude testimony or other evidence, to rule upon all motions or objections, to call and examine witnesses, to issue subpoenas and subpoenas duces tecum in accordance with 8 CSR 60-2.110, to direct the production of papers or other matters during the hearing and to take such other actions necessary and proper in expediting the order conduct and disposition of the proceeding. (3) Two (2) or more complaints may be consolidated for purposes of public hearings by the presiding officer. (4) The presiding officer shall make full inquiry into all the facts and issues and shall obtain a full and complete record of all facts necessary for a fair determination of the issues. (5) No cameras, lights or mechanical recording devices shall be operated in the hearing room while a hearing is in progress, other than by personnel of the commission or by a court reporter pursuant to 8 CSR 60-2.160(2) except as permitted by Missouri Supreme Court Rules of Civil Procedure. (6) The presiding officer may exclude from the hearing room or otherwise prevent from further participation during a hearing, any person who engages in improper conduct during a hearing. Contempt before a presiding officer shall be had as provided in Chapter 536, RSMo. AUTHORITY: sections 213.030 and 213.075, RSMo (Cum. Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992 and 213.075, RSMo 1986, amended 1992.