The Record at Hearing

PURPOSE: This rule defines what constitutes the record of the public hearing. (1) The record of the hearing shall include the notice of hearing; the verified complaint and any amendments; the answer, if any, and any amendments; the finding of probable cause; the affidavit of failure of conciliation; the transcript of the testimony taken at the hearing; exhibits and depositions admitted into evidence; written applications, motions and stipulations; briefs submitted by the parties; orders entered by the presiding officer; suggested findings of fact, conclusions of lawdecision and order submitted by the parties; the hearing examiner’s findings of fact, conclusions of law and recommended decision and order; exceptions of the parties to the recommended decision; the final findings of fact, conclusions of law and decision and order of the commission; and all other pleadings. The record shall not include rejected exhibits. Prehearing discovery filed with the commission shall not be a part of the record unless specifically received into evidence at the hearing. (2) A verbatim record of the proceedings shall be made and kept. The testimony may be recorded by a stenographer, by video-tape, by audio-tape or by any other means which will insure that a verbatim record of the proceedings is made. Any party may request that the hearing be recorded by a court reporter. The party requesting the reporter shall bear the costs of the reporter’s appearance and of the original transcript, which shall be submitted to the commission as the official transcript. If no reporter is requested, the commission shall suitably record and transcribe the proceedings. AUTHORITY: sections 213.030 and 213.075, RSMo (Cum. Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992 and 213.075, RSMo 1986, amended 1992.