Evidence

PURPOSE: This rule describes the introduction of evidence at a public hearing. (1) Rulings on evidence offered at public hearing shall be made in accordance with Chapter 536, RSMo, and established rules of evidence. Objections or motions not ruled on at the hearing shall be considered with the record. Evidence concerning terms or offers of settlement made during endeavors to conciliate shall not be admitted into the record. (2) When objections to the admission or exclusion of evidence before the presiding officer are made, the grounds relied upon shall be stated briefly. (3) All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, shall be sworn or affirmed. This may include testimony given on deposition or by affidavit. (4) Expert Testimony. (A) The presiding officer may require, at least ten (10) days prior to hearing, that the parties to the hearing— 1. Identify each person expected to be called as an expert witness at the hearing; 2. State the subject matter on which the expert is expected to testify; and 3. State the substance of the facts and opinions to which the expert is expected to testify. (B) Where the presiding officer determines that a party failed to timely comply in providing the information required under subsection (4)(A) of this rule, the witnesses and any previously offered testimony by the witnesses may be excluded from the hearing. (5) Interpreter. (A) When a person with a disability that impairs his or her hearing or a person who cannot speak or understand the English language is involved in a contested case hearing, the person is entitled to a qualified interpreter. In order to obtain the services of an interpreter, a party must notify the presiding officer at least ten (10) days prior to the date the interpreter will be needed. (B) Upon receipt of the request, the presiding officer shall arrange for the services of an interpreter and shall notify the parties of the identity of the interpreter. The commission shall compensate the interpreter where necessary. (C) Commission staff may serve as interpreter where the party(ies) consent and so state on the record. (6) Exhibits shall be marked upon receipt by the presiding officer and the markings shall identify the party offering an exhibit. Admitted and excluded exhibits shall be preserved by the commission as part of the record of the proceedings. Excluded exhibits shall be retained by the presiding officer only if the party seeking to introduce a document as an offer of proof specifically requests the document to be placed in an excluded exhibit file. (7) The presiding officer may take notice of judicially recognizable facts and of general, technical, or scientific facts. The parties shall be notified at any time during a proceeding of material officially noticed, and they will be afforded the opportunity to contest the facts so noticed. The notice required by this section shall be given to the party prior to the issuance of decision and order in the matter. AUTHORITY: sections 213.030 and 213.075, RSMo 2000.* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed March 16, 2009, effective Sept. 30, 2009. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1998 and 213.075, RSMo 1986, amended 1992.