Post-Hearing Procedure

PURPOSE: This rule describes the procedures to be followed after a public hearing has been held. (1) The parties may file suggested findings of fact, conclusions of law, and briefs within the time limits as the presiding officer may determine. When a hearing is conducted by a hearing examiner, the hearing examiner shall make findings of fact, conclusions of law, and a recommended decision and order and send them to the parties who may file exceptions to those recommendations within time limits set by the hearing examiner. Any new facts presented or new issues raised in exceptions shall not be considered by the commission in preparation of the final decision and order. The same hearing examiner who presides at the evidentiary hearing of the case shall make the recommended decision and order except where that hearing examiner becomes unavailable to the commission. (2) The commission panel shall review the record as set forth in 8 CSR 60-2.160(1) and either adopt or amend the hearing examiner’s findings of fact and conclusions of law. The panel shall then issue its decision along with the findings of fact and conclusions of law to support its decision. A majority of the commission panel shall be sufficient to render a decision for the panel. However, each panel member shall sign the order indicating his/her concurrence or disagreement. A panel member disagreeing with the decision may file a dissenting opinion. (3) The commissioners to serve on a commission panel as described in section (2) shall be selected by the chairperson or, in the chairperson’s absence, the vice-chairperson. The selection shall be random. 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.