Default

PURPOSE: This rule describes the procedures when a party fails to appear at a public hearing and for requesting relief from that default. (1) Default may occur where a party has been served with Notice of Hearing and fails to appear at the scheduled hearing. (2) Unless notified by the party, the presiding officer shall wait no longer than thirty (30) minutes from the time set for the hearing in the Notice of Hearing to commence the hearing. (3) When the respondent fails to appear at the specified time and place for the hearing, the moving party shall proceed to present evidence in support of the complaint, which shall constitute the sole evidentiary basis for disposition and the respondent shall be deemed to have waived any evidentiary and other objections at the hearing. (4) A final order supporting the complaint may be rendered only where the contested case record demonstrates a prima facie case supporting that document. (5) The commission panel, in its discretion and upon those terms as may be just, at any time within thirty (30) days after the final decision and order has been issued, may relieve a party from such an order taken against that party where the party establishes that the default was the result of an excusable mistake or circumstances beyond the control of the party. (6) The request for relief shall be in writing directed to the commission and shall be accompanied by— (A) A written statement(s), together with documentation, setting forth the facts supporting the alleged excusable mistake or the circumstances beyond the control of the party; and (B) The opposing party shall have ten (10) days to reply to the request for relief. 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.